Do I have to indicate that my content was generated entirely or in part by AI? Complete legal guide

By Betty Jeulin, lawyer specializing in digital law and intellectual property, expert in creation in the age of generative artificial intelligence

Introduction

I am often asked whether to indicate that a content was generated in whole or in part by generative artificial intelligence (AI). This question is at the heart of the debates on the place of generative AIs in creation. In 2024, a hundred artists signed a forum calling for the creation of a “Human Manufacturing Label” for works not generated by generative AI, while other creators consider generative AIs as tools that increase their creativity tenfold and do not distinguish between “human creation” and “creation assisted by generative AI”.

Should we always mention the use of AI for content creation? Is there a legal requirement? What are the challenges and best practices? Here are some answers to help you get a better idea.

Current status of legislation

The European Union has adopted the Artificial Intelligence Regulation (AI Act) which will gradually come into force until it is fully implemented in August 2026. Regarding the labelling of content generated by AI:

• For deepfakes : The IA Act imposes a mention “generated by AI” on all deepfake content (content that can be interpreted as true). This content should be clearly marked as artificially generated.
• For other types of content (excluding deepfakes): There is still no general obligation to mention that they were generated in whole or in part by AI. Transparency obligations are sectoral, they may be rules applicable to advertising or journalism, for example.

How do I mention the use of AI?

For content where you choose to indicate the use of AI, here are some recommendations:

1. Be specific about the level of intervention of the AI :
   • “Content generated entirely by AI”
   • “Content partially generated by AI and verified by a human agent”
   • “AI-assisted creation”
2. Choose the appropriate location :
   • For images: mention in caption or watermark
   • For texts: mention in the introduction or in the footnote
   • For websites: dedicated section in the legal notice explaining your use of AI
   • For artistic content: for this type of content, the IA Act makes it possible to report that the content was generated by AI, in a way that is not likely to alter the artistic nature of the content.

Conclusion

While there is still no general requirement to label all AI-generated content, the legislative trend is clearly in the direction of greater transparency. Adopting these best practices now will allow you to:

✅ To comply with current and future legal provisions

✅ To establish a relationship of trust with your audience

✅ To value your ethical use of technology

✅ To position yourself as a responsible player in the digital ecosystem

As an expert lawyer in creation in the era of generative artificial intelligences, I support you to train you, advise you and draft your contracts adapted to these new challenges.

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The article has been written by Betty Jeulin and the English translation generated with AI.