{"id":121,"date":"2026-10-05T14:46:25","date_gmt":"2026-10-05T14:46:25","guid":{"rendered":"https:\/\/milanrybovic.sk\/?p=121"},"modified":"2026-10-05T14:46:25","modified_gmt":"2026-10-05T14:46:25","slug":"aiact","status":"publish","type":"post","link":"https:\/\/milanrybovic.sk\/en\/aiact\/","title":{"rendered":"When do you need to label an AI photo in your online store? One photo, six edits"},"content":{"rendered":"\n

Anyone who sells online uses AI for photos almost every day. Retouching, a new background, a model in a lifestyle photo. Since August, that has brought a question I’ve heard many times: do I have to label all of them now?<\/strong><\/p>\n\n\n\n

The short answer is that most don’t need a label. For the longer answer, I’ve tried to show how it works using one real photo of a sneaker. I edited it six different ways and explain for each edit whether the photo needs a label, and which one.<\/p>\n\n\n

AI was used on all four. Only two need a label. You’ll find out which ones below.<\/p>\n\n\n

What exactly has applied since August<\/h2>\n\n\n\n

Article 50 of the AI Act<\/a> has applied since 2 August 2026. Businesses that publish content created or edited using AI must visibly label deepfakes<\/strong>. And deepfake is a broader term than you might think. It includes any realistic AI image, video or audio that depicts a person, object, place or event and could be mistaken for reality. A deepfake of a politician is just one example.<\/p>\n\n\n\n

The obligation also covers advertising, product photos and social media posts. It doesn’t matter whether you intended to mislead anyone. What matters is how the content comes across to the customer.<\/p>\n\n\n\n

Providers of AI tools such as Photoshop, ChatGPT and Midjourney have their own obligations to mark outputs using technical means<\/a>. These include metadata or watermarks, for example. But a machine-readable mark like this is not the same as a visible disclosure for people, and does not replace it on its own.<\/p>\n\n\n\n

One rule to help you decide<\/h2>\n\n\n\n

If you’re unsure, ask yourself one question: could a customer think this is a real photo?<\/strong> If so, and AI has added something that wasn’t in front of the lens, label the photo. If AI has only edited what was already in the photo, you don’t need a label.<\/p>\n\n\n\n

There is no rule along the lines of “AI changed 30% of the photo”. The percentage of pixels changed doesn’t matter. What counts is what AI added and whether it looks real.<\/p>\n\n\n\n

Testing it on one photo<\/h2>\n\n\n\n

I started with a studio photo by Mojtaba Fahiminia on Unsplash<\/a>. The sneaker sits on two stones against an orange background, and nothing has been drawn into the photo. All the other versions were made from this one.<\/p>\n\n\n\n

\"Original\n\t\t\t\n\t\t\t\t\n\t\t\t<\/svg>\n\t\t<\/button>
Original. Photo: Mojtaba Fahiminia \/ Unsplash<\/a><\/figcaption><\/figure>\n\n\n\n

1. Colour, lighting and retouching: no label needed<\/h3>\n\n\n\n

Warmer colours, more contrast, dust and specks removed. The photo still shows what was in front of the lens. This kind of edit doesn’t create a false impression of reality, so it doesn’t need a label. That also applies when you use an AI feature in Lightroom or Photoshop to do it.<\/p>\n\n\n\n

\"Before-and-after\n\t\t\t\n\t\t\t\t\n\t\t\t<\/svg>\n\t\t<\/button>
Before and after a standard edit. No label needed.<\/figcaption><\/figure>\n\n\n\n

2. A white background for your online store: no label needed<\/h3>\n\n\n\n

The background and stones are gone, leaving the sneaker on a plain white background, just as you’re used to seeing in product listings. Nothing new has been added. Even if you removed the background with an AI tool, it’s a standard photo edit.<\/p>\n\n\n\n

\"Packshot:\n\t\t\t\n\t\t\t\t\n\t\t\t<\/svg>\n\t\t<\/button>
Packshot on a white background. No label needed.<\/figcaption><\/figure>\n\n\n\n

3. A product in an AI scene: label it with the AI MODIFIED icon<\/h3>\n\n\n\n

The sneaker is real, but AI added the street at sunset. The result looks like a photo taken in a city that doesn’t exist. This is a deepfake, and the photo needs a label. The most suitable option is the official AI MODIFIED<\/strong> icon, meaning a real photo altered using AI.<\/p>\n\n\n\n

With this edit, I ran into something you can easily overlook. AI also redrew the sneaker itself. The leather has a different texture and the sole is cream instead of white. After every AI edit, compare the product with the original.<\/strong><\/p>\n\n\n\n

\"A\n\t\t\t\n\t\t\t\t\n\t\t\t<\/svg>\n\t\t<\/button>
AI created the street. The photo carries the AI MODIFIED icon. Image edited using AI.<\/figcaption><\/figure>\n\n\n\n

4. An AI-generated model: label it with the AI GENERATED icon<\/h3>\n\n\n\n

AI created the entire photo. The model doesn’t represent a specific person, yet she still looks real. The customer has no way of knowing that she never existed, so the photo needs a label. Since the whole thing was made by AI, the AI GENERATED<\/strong> icon fits.<\/p>\n\n\n\n

Just as with the scene, check that AI hasn’t altered the product itself as worn by the model.<\/p>\n\n\n\n

\"A\n\t\t\t\n\t\t\t\t\n\t\t\t<\/svg>\n\t\t<\/button>
A model who doesn’t exist. Image created using AI.<\/figcaption><\/figure>\n\n\n\n

5. AI changed the product itself: don’t use this photo<\/h3>\n\n\n\n

In this version, AI gave the sneaker shiny leather, gold eyelets and a thicker sole. It looks more expensive in the photo, but the customer will receive suede and a thin sole. This kind of photo is misleading advertising<\/strong> under the Consumer Protection Act, and an AI icon won’t fix it.<\/p>\n\n\n\n

\"Comparison:\n\t\t\t\n\t\t\t\t\n\t\t\t<\/svg>\n\t\t<\/button>
On the left, the AI-edited photo; on the right, the product the customer will receive. This kind of photo doesn’t belong in an online store, even with an icon.<\/figcaption><\/figure>\n\n\n\n

6. An illustrated version: no label needed<\/h3>\n\n\n\n

AI created this version too, but no one would mistake it for a photo. Obviously unrealistic content, such as an illustration, a cartoon mascot or a fantasy scene, is not a deepfake and the AI Act doesn’t require it to be labelled. Instagram, TikTok and Meta may have their own rules and may still require an AI label.<\/p>\n\n\n\n

\"A\n\t\t\t\n\t\t\t\t\n\t\t\t<\/svg>\n\t\t<\/button>
An obviously illustrated version. No label is needed under the AI Act.<\/figcaption><\/figure>\n\n\n\n

Official EU icons: which one goes where<\/h2>\n\n\n\n

The European Commission has created three icons for labelling AI content<\/a>. They’re free, no attribution is needed, and you can download them from the Commission’s website in black and white versions, with both also available at 50% transparency.<\/p>\n\n\n\n

\"Three\n\t\t\t\n\t\t\t\t\n\t\t\t<\/svg>\n\t\t<\/button>
Official EU icons. Source: European Commission<\/figcaption><\/figure>\n\n\n\n