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Which images are in scope?
Article 50 applies to AI-generated and AI-manipulated content — not to all images. Here's a quick orientation for publishers and compliance teams.
| Image type | Example | EU AI Act scope | Source |
|---|---|---|---|
| AI-generated image | DALL·E, Midjourney, Firefly output | 🔴 Likely in scope | Art. 50(2) |
| AI-manipulated photo | Background replaced, face swapped, deepfake | 🔴 Likely in scope | Art. 50(2)+(4) |
| AI-assisted editing Key test: does the AI substantially alter the content or its semantics? (Art. 50(2)) | Generative fill, AI upscale, content-aware crop | 🟡 Depends on context | Art. 50(2) · CoP Draft |
| Stock photo (unmodified) | Getty, Shutterstock, Unsplash — no AI manipulation | 🟢 Likely out of scope | Art. 50 |
| Original photography | Camera photo, journalist photo — no AI manipulation | 🟢 Out of scope | Art. 50 |
| Infographic / illustration | Manually designed in Illustrator, Figma — unless AI features used | 🟢 Likely out of scope | Art. 50 |
Based on EU AI Act Regulation 2024/1689, Article 50. This table is a practical guidance aid, not legal advice. Final assessment depends on context, workflow, and jurisdictional interpretation.
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