Copyright in Graphic Design and AI-Generated Images

Small-business marketing11 min read · Updated: 03.11.2026

You order a logo, a flyer or a banner and assume that, because you have paid for it, the design is yours. This is a common mistake. It usually comes to light only when you register a trade mark, change agencies or end up in a dispute with the designer. This guide explains how copyright in a graphic design works. It is based on Polish law, with notes on where the UK and Irish rules differ. It covers the difference between an assignment of rights and a licence, what to watch out for with photos, fonts and AI-generated images, and what to ask your designer before anything goes to print. It is practical knowledge from a print house and advertising agency, not legal advice.

Who owns the copyright in a graphic design?

Copyright arises automatically when a work is created and belongs to its author, in this case the designer. Nothing needs to be registered, and you do not need to add the © symbol. A design counts as a work if it is original and creative, which logos, posters and illustrations usually are. A simple arrangement of text in a standard font may not qualify for protection.

Who ends up owning the rights depends on how you work together. If an employee creates the design as part of their job, the employer acquires the rights. Under Polish law this happens when the work is accepted, within the purpose of the employment contract (Art. 12). In the UK and Ireland, the employer is the first owner by default. A freelancer, an agency or a designer on a contract for a specific piece of work keeps the rights until they assign them to you in a contract or grant you a licence.

Remember, too, that handing over a file or a print does not transfer the rights (Art. 64). You own a copy, but not necessarily the right to reproduce, alter or publish it.

• Moral rights, such as the right to be identified as the author, always stay with the creator. Under Polish law they cannot be transferred. In the UK and Ireland they cannot be assigned either, although the author can waive them.
• Economic rights, meaning the right to use the work and earn money from it, can be assigned or made available under a licence.

Assignment of rights vs licence: what's the difference?

An assignment of economic rights works like a sale. Once the contract is signed, you control the design within the specified fields of use, and the designer can no longer use it in those ways. A licence is permission to use the design while the rights stay with the creator. For a logo and corporate identity, an assignment is almost always the better option. For a one-off flyer or a social media graphic, a licence is often enough.

The form of the contract matters. Under Polish law, an assignment and an exclusive licence must be in writing or they are void. This means a handwritten signature or a qualified electronic signature. In the UK and Ireland, an assignment and an exclusive licence must likewise be in writing and signed. An email saying 'approved' or a phone call is not enough.

Fields of use: what should the contract cover?

Under Polish law, a contract covers only the fields of use it explicitly lists (Art. 41). A general phrase such as 'transfers all rights' is not enough and may have no effect. UK and Irish law are less formal, but a clear list still removes any doubt. The list should reflect how you actually intend to use the design, with some room for future needs.

The second key point is consent to alterations. Without it, the buyer cannot change the work on their own, and the right to create adaptations, known as derivative rights, stays with the creator (Arts 46 and 49). You may plan to refresh the logo, create a horizontal version or adapt it for a roll-up banner. If so, the contract should include consent to adaptations and to changes to the design.

• Recording and reproduction by any technique: offset, digital, large-format, screen printing, embroidery, engraving.
• Putting the original and copies on the market, e.g. flyers, packaging, labels, promotional merchandise.
• Making the design available online: website, online shop, social media, online ads.
• Public display and showing: shop windows, signage, banners, screens, trade fairs.
• Storage on computers and networks, and use in video material.
• Filing as a trade mark or registered design (essential for a logo).
• Consent to adaptations and modifications and to their use, with the right to grant sub-licences, e.g. to a print house or agency.

Licensed photos, illustrations and fonts

A design often includes elements the designer does not fully own: stock photos, icons, illustrations and fonts. In that case, even an assignment of the whole design does not give you the rights to those elements. You use them on the terms of their creators' licences. The rules vary between platforms and licence types, so always check the specific terms.

Photos of people also raise the question of image rights. Under Polish law, publishing a person's image requires their consent (Art. 81). Stock libraries confirm this with a model release. In the UK and Ireland there is no general image right, but privacy, data protection and advertising rules still apply. A photo of a friend or an employee on a flyer also needs consent, ideally in writing.

• A standard stock licence usually allows use in advertising and print. However, it may limit the print run or exclude products for resale.
• An extended licence may be needed for posters, T-shirts or mugs that you sell as products.
• Many stock licences do not allow a photo or illustration to be used as part of a logo or trade mark.
• A desktop font licence usually covers use in print graphics and embedding in a PDF for the printer. A website or app often needs a separate licence (webfont, app).
• Free fonts under the SIL Open Font License can be used commercially. The only restriction is that you cannot sell the fonts on their own.
• 'Free' images from an image search are not free. No credit does not mean no author.

AI-generated images: what is their legal status?

Tread carefully here. The law is still developing, and both case law and official positions are evolving. Polish law protects a work as the result of human creative activity. The prevailing view is therefore that an image generated entirely by AI from a short prompt is not a work, and no one holds copyright in it. Protection may apply to the parts where a human made a creative contribution: composition, edits, the selection and arrangement of elements, typography. UK and Irish law contain a special provision for 'computer-generated works', but how it applies to modern AI tools has not yet been settled.

In practice, what you can do with an AI image is decided mainly by the terms of service of the tool or service. Some allow commercial use, some only on a paid plan, and others reserve the right to use the outputs themselves. If you order an AI-generated design, for example from plakaty.shop (wielkareklama.eu studio), read the terms so you know on what basis you can use the files.

A separate risk is similarity to other people's works and marks. AI can reproduce a specific artist's style, a recognisable character or elements resembling a well-known logo. For a logo you intend to register as a trade mark, or for a large campaign, consult a lawyer or trade mark attorney.

• Check that the tool's terms allow commercial use and printing.
• Avoid prompts in the style of a specific living artist, and prompts that name brands or characters.
• Refine the AI image by hand (vectorisation, typography, composition) to increase the human creative contribution.
• Keep a record of prompts, versions and dates as documentation of the process.

Logos and trade marks: why copyright is not enough

Copyright protects a design as a work. It does not give you the exclusive right to use a similar sign in trade. That comes from registering a trade mark, for example with the UK Intellectual Property Office, the Intellectual Property Office of Ireland or the EU Intellectual Property Office (EUIPO). When you file a logo, you should own the economic rights to it, including the right to register it as a trade mark. Otherwise the creator may be able to challenge your rights.

With an AI logo, the situation is more complex. The lack of copyright does not prevent you from registering a trade mark, but it does mean the artwork itself is not protected. For a sign you are building your brand on, it is therefore worth combining three things: refinement by a designer, a contract assigning the rights and trade mark registration.

What to ask your designer before commissioning a design

The best time to agree on rights is at the quoting stage, not when you need the open files for a new printer. Ask the questions below and get the answers in writing, ideally as part of the contract or terms and conditions.

• Will you assign the economic rights or grant a licence, and for which fields of use?
• Is the assignment of rights included in the price, or is it charged separately?
• Will I have consent to changes and adaptations, e.g. a logo refresh by another designer?
• Will I receive source and vector files (AI, SVG, PDF), or only PNG?
• Which photos, icons and fonts are used in the design, and under what licence? Are the licences in your name or mine?
• Was AI used in the design? If so, which tool, and under what terms of service?
• Will you show the design in your portfolio, and do you require an author credit?
• Do you guarantee that the design does not infringe third-party rights?