PhotoBank legal document
AI Content Policy
This AI Content Policy governs the submission, classification, distribution, licensing and use of content created or materially modified using artificial intelligence through the PhotoBank platform.
Effective date: To be confirmed
Last updated: To be confirmed
1. Introduction
This AI Content Policy (“Policy”) applies to all Contributors, Buyers, Licensees and other users who submit, purchase, download, distribute or use AI-generated or AI-assisted Content through PhotoBank.
PhotoBank is operated by:
Lumina Stock Media S.R.L.Lumina Stock Media SRL Kentford Business Center Bd. Ștefan cel Mare și Sfânt 202 MD-2004, Chișinău, Republica Moldova
Email: office@luminastockmedia.md
Telephone: +373 852464
References to “PhotoBank,” “we,” “us” and “our” mean Lumina Stock Media S.R.L.
References to the “Platform” mean photobank.online and all associated websites, dashboards, applications, services, interfaces, databases and technical systems.
2. Purpose of This Policy
The purpose of this Policy is to:
- ensure transparency concerning AI-generated Content;
- protect Contributors, Buyers and depicted persons;
- reduce copyright and intellectual property risks;
- prevent deceptive synthetic media;
- establish clear labelling and metadata requirements;
- define prohibited AI uses;
- support responsible licensing of synthetic Content;
- explain how PhotoBank reviews and moderates AI Content.
3. Relationship With Other PhotoBank Terms
This Policy should be read together with:
- the PhotoBank Terms of Service;
- the PhotoBank Privacy Policy;
- the PhotoBank Contributor Agreement;
- the PhotoBank Content License Agreement;
- the PhotoBank Copyright Policy;
- the PhotoBank Acceptable Use Policy;
- the PhotoBank Refund Policy;
- any submission guidelines published by PhotoBank.
If another PhotoBank policy imposes a stricter rule for a particular activity, the stricter rule will apply.
4. Definitions
- Artificial Intelligence or AI
- means a machine-based system capable of generating, modifying, analysing or transforming images, video, audio, text, metadata or other digital material.
- AI-Assisted Content
- means Content created primarily through human authorship but materially edited, completed or modified using an AI system.
- AI-Generated Content
- means Content in which the principal expressive elements were generated by an AI system in response to prompts, inputs, reference materials or other instructions.
- Contributor
- means a person or legal entity submitting Content to PhotoBank.
- Content
- means photographs, illustrations, vectors, videos, animations, graphics, audio, templates and other digital media.
- Deepfake
- means AI-generated or AI-manipulated image, audio or video Content that realistically represents an identifiable person, object, location or event in a manner that may falsely appear authentic.
- Generative AI
- means an AI system capable of producing new image, video, audio, text or other media based on prompts or input data.
- Material AI Modification
- means an AI-based alteration that significantly changes the meaning, subject, appearance, factual context or expressive character of Content.
- Minor AI Modification
- means a limited technical adjustment that does not materially change the subject, meaning or factual context of Content.
- Synthetic Person
- means a person-like subject generated by AI who is not intended to represent a real identifiable person.
- Training Data
- means images, video, audio, text, metadata or other material used to train, fine-tune or otherwise develop an AI model.
5. Scope of the Policy
This Policy applies where AI is used to:
- generate an entire image or illustration;
- generate part of an image or video;
- replace or create a background;
- create, remove or substantially alter a person;
- create synthetic objects, products or locations;
- create or alter facial features;
- create synthetic voices or audio;
- generate substantial visual effects;
- reconstruct missing or damaged image areas;
- materially change an editorial photograph;
- generate captions, titles or metadata where the result may be inaccurate or misleading;
- otherwise materially affect the Content offered for licensing.
6. Minor Technical Adjustments
The following limited tools will not normally cause Content to be classified as AI-generated when they do not materially alter its meaning or subject:
- automatic exposure correction;
- automatic white-balance correction;
- noise reduction;
- lens correction;
- image stabilization;
- basic sharpening;
- minor colour correction;
- minor dust or sensor-spot removal;
- simple cropping and resizing;
- file-format conversion;
- compression and export optimization.
PhotoBank may nevertheless require disclosure if a tool produces a material creative or factual alteration.
7. Mandatory Disclosure
Contributors must clearly disclose when Content has been:
- fully generated using AI;
- materially generated using generative AI;
- substantially altered using generative AI;
- created using synthetic people;
- created using synthetic locations or events;
- created using AI-generated product designs;
- created using a deepfake or face-replacement system;
- created using synthetic voice or speech;
- materially reconstructed using generative fill;
- otherwise likely to be mistaken for an authentic photograph, recording or documented event.
Disclosure must be made through the upload form and any required metadata fields.
Hiding, omitting or falsifying AI disclosure is prohibited.
8. Classification of AI Content
PhotoBank may classify AI-related Content as:
- AI-generated;
- AI-assisted;
- synthetic media;
- synthetic person;
- materially AI-modified;
- editorial reconstruction;
- not eligible for licensing;
- another appropriate classification introduced by PhotoBank.
PhotoBank may change a classification where the original classification is inaccurate or incomplete.
9. AI Labels
PhotoBank may display labels such as:
- “Generated with AI”;
- “AI-Assisted”;
- “Synthetic Person”;
- “Digitally Generated”;
- “Materially Altered”;
- “Illustrative Reconstruction”;
- “Not a Real Event”;
- another reasonably clear label.
Contributors and Buyers must not remove or obscure a required AI label where doing so would mislead users or violate applicable law.
10. Contributor Responsibilities
A Contributor submitting AI Content is responsible for:
- using AI systems lawfully;
- reviewing the applicable AI provider terms;
- confirming that commercial licensing is permitted;
- ensuring that the output does not infringe third-party rights;
- accurately disclosing AI involvement;
- providing accurate metadata;
- retaining evidence of the creation process;
- identifying synthetic persons and events;
- obtaining any required releases and permissions;
- responding to PhotoBank review requests.
11. Rights Required for Submission
A Contributor must have sufficient rights to:
- submit the AI Content to PhotoBank;
- authorize PhotoBank to display and distribute it;
- authorize PhotoBank to grant licenses to Buyers;
- use all prompts, source files and reference materials involved;
- commercialize the output under the relevant AI provider terms;
- use any depicted trademarks, designs or protected material where required.
Access to an AI system does not automatically establish that the user owns or may commercially license every output.
12. AI Provider Terms
Contributors must review the terms applicable to the AI tools used to create Content.
Contributors must not submit AI Content where:
- commercial use is prohibited;
- redistribution is prohibited;
- stock-media licensing is prohibited;
- the provider retains rights that conflict with PhotoBank licensing;
- the user does not hold the required subscription or license;
- the output was generated through unauthorized access;
- the output is otherwise subject to conflicting restrictions.
13. Creation Records
Contributors should retain records sufficient to explain how AI Content was created.
Relevant records may include:
- the name and version of the AI system;
- the date of generation;
- the prompts used;
- negative prompts;
- reference images;
- source photographs;
- editing history;
- project files;
- layered files;
- generation identifiers;
- provider subscription records;
- provider license terms applicable at the time;
- Content credentials or provenance metadata where available.
PhotoBank may request these records when reviewing a complaint or suspected violation.
14. Prompts and Reference Materials
Contributors must not knowingly use prompts or reference materials that unlawfully reproduce or exploit:
- copyrighted photographs;
- copyrighted illustrations;
- protected characters;
- protected artwork;
- private or confidential materials;
- stolen source files;
- unauthorized personal data;
- trade secrets;
- other material used without sufficient rights.
15. Copyright and AI Content
Contributors must not assume that AI-generated Content is automatically protected by copyright or automatically free from third-party rights.
Contributors must not:
- claim human authorship where no meaningful human authorship exists;
- submit copied or substantially reproduced protected works;
- submit output that closely replicates another stock image;
- submit output containing recognizable copyrighted characters;
- submit output containing protected artwork without permission;
- provide false copyright registration information;
- submit fabricated evidence of creation.
PhotoBank may restrict or reject Content where ownership or licensability is uncertain.
16. Artist Names and Style Imitation
Contributors must not use AI systems to unlawfully imitate or exploit the identity, protected works or distinctive output of another creator.
PhotoBank may reject Content or metadata that:
- uses a living artist’s name solely to imitate their style;
- claims that Content was created by another artist;
- uses an artist’s name to manipulate search results;
- suggests endorsement by an artist without permission;
- closely reproduces a protected artwork;
- creates confusion concerning authorship or origin.
17. Trademarks and Branded Products
AI Content must not unlawfully reproduce:
- company logos;
- product packaging;
- brand names;
- trade dress;
- protected product designs;
- distinctive fictional brands that imitate real brands;
- other trademarked elements.
AI-generated variations of a real brand may still create intellectual property or consumer-confusion risks.
PhotoBank may reject, restrict or require removal of branded elements.
18. Synthetic Persons
Content depicting a person who does not exist must be identified as containing a synthetic person where required by PhotoBank.
Metadata must not identify a synthetic person as a real individual.
Contributors must not:
- assign a real person’s name to a synthetic person;
- use a synthetic person to impersonate a real person;
- create a deceptive testimonial or endorsement;
- create a fake employee, professional or public official for fraud;
- claim that a synthetic person participated in a real event;
- use a synthetic person to fabricate documentary evidence.
19. Identifiable Real Persons
AI Content must not reproduce, imitate or materially alter an identifiable real person without a lawful basis and any necessary permission.
This restriction applies to:
- faces;
- voices;
- bodies;
- distinctive gestures;
- personal likeness;
- biometric characteristics;
- other identifying features.
PhotoBank may require a Model Release or other documented permission.
20. Public Figures
AI-generated or materially altered depictions of public figures may create heightened legal and reputational risks.
Contributors must not submit synthetic Content that falsely represents a public figure as:
- endorsing a product or service;
- committing a crime;
- making a statement they did not make;
- participating in an event that did not occur;
- engaging in sexual or intimate conduct;
- suffering from a medical condition;
- supporting a political or commercial campaign;
- performing another fabricated action likely to cause harm.
21. Deepfakes
Deepfake Content must be clearly disclosed and may be rejected or restricted even where disclosure is provided.
Prohibited deepfake Content includes:
- non-consensual intimate imagery;
- sexual deepfakes involving identifiable persons;
- fraudulent endorsements;
- fabricated criminal evidence;
- deceptive political statements;
- voice impersonation intended to facilitate fraud;
- identity-document fabrication;
- Content intended to defame, intimidate or blackmail a person;
- Content likely to cause serious public deception or harm.
22. Political and Electoral Content
Contributors must not submit AI Content intended to deceive users about:
- an election;
- a candidate;
- a political party;
- a voting process;
- an official statement;
- a public authority;
- a political event;
- the result of a vote or referendum.
PhotoBank may reject synthetic political Content regardless of whether it is presented as commercial or editorial material.
23. News and Documentary Events
AI-generated Content must not be presented as an authentic photograph or recording of a real news event.
Contributors must not:
- invent a disaster and describe it as real;
- fabricate a protest or public disturbance;
- create a fake war photograph;
- create a synthetic crime-scene photograph represented as evidence;
- fabricate a public statement;
- create false documentary proof;
- submit a synthetic image as eyewitness journalism.
Clearly labelled illustrative reconstructions may be considered separately.
24. Editorial Reconstructions
PhotoBank may accept certain AI-assisted editorial reconstructions where:
- the reconstruction has legitimate educational or historical value;
- it is clearly labelled as a reconstruction;
- it is not represented as an authentic photograph;
- the metadata accurately explains the nature of the image;
- the Content does not unlawfully depict an identifiable person;
- the Content does not materially distort a documented event;
- the Contributor has sufficient rights to all source material.
PhotoBank may limit such Content to editorial use.
25. Sensitive Uses
AI Content depicting a real or realistic person must not be used or described in a manner that falsely implies:
- a physical or mental health condition;
- criminal activity;
- drug or alcohol dependency;
- financial hardship;
- religious belief;
- political affiliation;
- sexual orientation;
- participation in sex work or pornography;
- victimization or abuse;
- another highly sensitive personal circumstance.
26. Children and Minors
AI Content involving children or child-like subjects is subject to heightened review.
Contributors must not submit AI Content that:
- sexually depicts a minor or child-like person;
- places a minor in a sexually suggestive context;
- depicts sexual abuse or exploitation;
- creates or facilitates child sexual abuse material;
- depicts a real minor without required permission;
- creates a deceptive or harmful impersonation of a minor;
- encourages dangerous conduct involving children;
- violates the dignity, privacy or safety of a child.
PhotoBank may report suspected unlawful child sexual exploitation material to competent authorities.
27. Violence and Graphic AI Content
AI-generated violence may be rejected, restricted or labelled.
Contributors must not submit AI Content that:
- provides instructions for committing serious violence;
- glorifies terrorist acts;
- depicts identifiable real persons as victims without justification;
- fabricates evidence of murder, torture or abuse;
- creates deceptive news imagery of armed conflict;
- promotes self-harm;
- otherwise violates the Acceptable Use Policy.
28. Hate and Extremist Content
AI Content must not promote hatred, violence or dehumanization against persons based on protected characteristics.
Contributors must not use AI to:
- generate extremist propaganda;
- recruit for terrorist or violent extremist organizations;
- fabricate hateful statements by real persons;
- create discriminatory caricatures intended to demean a group;
- promote violence against protected groups;
- produce prohibited symbols for promotional extremist use.
29. Medical and Scientific Content
AI-generated medical, anatomical or scientific Content must not be presented as factually accurate unless it has been appropriately verified.
Contributors must not:
- describe synthetic anatomy as clinically accurate without review;
- fabricate diagnostic images;
- submit fake medical documents;
- create misleading treatment demonstrations;
- present synthetic research results as authentic;
- use AI Content to support false medical claims.
PhotoBank may require descriptive disclaimers or restrict the Content to illustrative use.
30. Legal and Financial Documents
AI Content must not be used to create fraudulent or deceptive:
- identity documents;
- passports;
- driver licences;
- bank statements;
- payment cards;
- legal certificates;
- court documents;
- tax documents;
- invoices intended to deceive;
- signatures or official seals.
31. Metadata Requirements
AI Content metadata must be accurate, relevant and transparent.
Contributors may be required to provide:
- an AI-generated or AI-assisted classification;
- the type of AI involvement;
- a description of the synthetic subject;
- an indication that depicted people are synthetic;
- an indication that an event is fictional;
- the name of the AI tool used;
- relevant release information;
- other information requested by PhotoBank.
32. Prohibited Metadata
Contributors must not:
- label AI-generated Content as a photograph of a real event;
- name a real person who is not depicted;
- claim that a synthetic person is a real model;
- provide a false date or location;
- use misleading news-related keywords;
- hide generative AI use;
- claim authorship by another creator;
- use irrelevant artist or brand names;
- use keywords intended only to manipulate search results.
33. Technical Quality
AI Content must meet PhotoBank technical and quality standards.
Content may be rejected for:
- distorted anatomy;
- incorrect hands or facial features;
- unreadable or nonsensical text;
- duplicated body parts or objects;
- unintended visual artifacts;
- inconsistent shadows or reflections;
- poor resolution;
- visible generation errors;
- misleading photorealism;
- low commercial or creative value.
34. Duplicate and Mass-Generated Content
Contributors must not submit excessive quantities of repetitive, low-value or minimally different AI Content.
PhotoBank may reject or restrict:
- identical generations;
- near-identical generations;
- large batches with only minor prompt variations;
- automatically uploaded unreviewed output;
- Content generated primarily to manipulate search results;
- Content with repetitive compositions or subjects;
- low-quality generations lacking meaningful creative selection.
35. Human Review by the Contributor
Contributors must review AI Content before submission.
Contributors should check:
- visual quality;
- anatomical accuracy;
- text and symbols;
- trademarks and logos;
- similarity to protected works;
- similarity to real persons;
- factual accuracy;
- metadata accuracy;
- potentially offensive or prohibited elements;
- compliance with this Policy.
36. PhotoBank Review
PhotoBank may review AI Content using:
- human moderation;
- automated detection systems;
- similarity analysis;
- metadata analysis;
- duplicate detection;
- Content provenance information;
- complaints from rights holders or users;
- other reasonable review methods.
Acceptance does not confirm that the Content is free from all legal or technical risks.
37. Automated AI Detection
PhotoBank may use automated or semi-automated tools to estimate whether Content was created or materially altered using AI.
Automated detection may be used to:
- identify undisclosed AI Content;
- identify synthetic faces;
- detect duplicate generations;
- detect Content previously removed;
- identify suspicious metadata;
- refer Content for human review.
An automated result does not necessarily establish a violation.
38. Requests for Additional Information
PhotoBank may request:
- the AI system used;
- generation dates;
- prompts;
- source images;
- project files;
- proof of subscription or commercial rights;
- provider terms;
- Model Releases;
- Property Releases;
- evidence of human creative contribution;
- other documentation reasonably required for review.
Failure to provide sufficient information may result in rejection or removal of the Content.
39. Rejection and Removal
PhotoBank may reject, restrict or remove AI Content where:
- AI use was not properly disclosed;
- the Content infringes or may infringe third-party rights;
- commercial licensing rights are uncertain;
- the Content depicts a real person without permission;
- the Content contains prohibited deepfakes;
- metadata is false or misleading;
- technical quality is insufficient;
- the Content creates legal or reputational risk;
- the Content violates another PhotoBank policy;
- continued distribution is no longer appropriate.
40. Existing Licenses
Removal of AI Content does not automatically cancel every License previously issued.
Depending on the circumstances, PhotoBank may:
- allow existing lawful uses to continue;
- notify Buyers to stop using the Content;
- offer replacement Content;
- issue a refund or Account credit;
- preserve licensing records;
- take another reasonable remedial action.
41. Licensing of AI Content
AI Content may be licensed only under the license options made available on the relevant Content page.
A License does not guarantee:
- copyright protection in every jurisdiction;
- exclusive rights in the Content;
- that similar AI output does not exist;
- that the Content is suitable for trademark registration;
- that the Content may be used without additional permissions;
- that all legal risks relating to AI have been eliminated.
42. Buyer Responsibilities
Buyers must review:
- the AI label;
- the applicable License;
- the Content description;
- available release information;
- the suitability of the Content for the intended use;
- applicable legal or regulatory requirements.
Buyers are responsible for obtaining any additional clearance required for their particular use.
43. Prohibited Uses by Buyers
Buyers must not use AI Content:
- to deceive users about a real person or event;
- to create fraudulent identity materials;
- for non-consensual intimate imagery;
- to fabricate evidence;
- to create deceptive political communications;
- to falsely imply endorsement by a real person;
- to defame or harass another person;
- to conceal required AI labelling;
- for another unlawful or prohibited purpose.
44. AI Model Training by Buyers
Unless PhotoBank provides express written authorization, a Buyer must not use PhotoBank Content:
- to train an AI model;
- to fine-tune a machine-learning model;
- to create a generative training dataset;
- to create a facial-recognition database;
- to create biometric profiles;
- to produce embeddings for a commercial dataset;
- to develop a competing stock-media service;
- for automated style imitation;
- for synthetic data generation.
A separate AI-training or dataset license must be agreed in writing.
45. No Exclusivity
AI Content is normally licensed on a non-exclusive basis.
A Buyer must not:
- claim exclusive ownership of the original AI Content;
- prevent lawful use by other Licensees;
- register the original Content as an exclusive trademark;
- submit false infringement complaints against similar AI output;
- represent that the Buyer created all underlying elements.
46. No Guarantee of Uniqueness
Generative AI systems may produce similar or identical outputs for different users.
PhotoBank does not guarantee that:
- AI Content is unique;
- similar Content has not been created elsewhere;
- the same prompt will not produce a similar result;
- another person will not lawfully license similar Content;
- the Content is suitable for exclusive branding.
47. Copyright Complaints
Copyright complaints concerning AI Content will be processed under the PhotoBank Copyright Policy.
PhotoBank may request evidence concerning:
- source materials;
- prompts and generation records;
- the AI provider used;
- human creative contributions;
- commercial-use rights;
- similarity to a protected work;
- the date and process of creation.
48. Complaints From Depicted Persons
A person who believes that AI Content unlawfully uses their identity, likeness or voice may submit a complaint to PhotoBank.
The complaint should include:
- the complainant’s full legal name;
- contact information;
- the relevant URL or Content identifier;
- an explanation of why the person is identifiable;
- evidence of identity where reasonably required;
- an explanation of the alleged harm or lack of permission;
- any relevant supporting documentation.
49. False Complaints and False Evidence
Users must not submit:
- false AI-related complaints;
- fabricated generation records;
- altered project files;
- false Model Releases;
- false claims concerning an identifiable person;
- fraudulent provider licences;
- false statements concerning human authorship;
- complaints intended to harass a Contributor.
50. Contributor Payments
Where AI Content is subject to a complaint or investigation, PhotoBank may:
- temporarily withhold related Royalties;
- cancel unpaid Royalties;
- deduct refunds and chargebacks;
- offset amounts against future payments;
- request repayment of improperly paid amounts;
- hold funds until the investigation is resolved.
51. Account Enforcement
Violations of this Policy may result in:
- a warning;
- metadata correction;
- addition of an AI label;
- rejection of Content;
- removal of Content;
- restriction to editorial use;
- temporary upload restrictions;
- payment holds;
- Account suspension;
- Account termination;
- prevention of replacement Accounts;
- referral to competent authorities where appropriate.
52. Repeat Violations
PhotoBank may impose stronger enforcement measures where a Contributor:
- repeatedly fails to disclose AI use;
- repeatedly submits prohibited deepfakes;
- repeatedly submits infringing Content;
- fabricates evidence;
- ignores prior warnings;
- uses multiple Accounts to avoid restrictions;
- creates serious legal, safety or reputational risk.
53. Appeals
A user may request review of an AI-related enforcement decision where an appeal process is available.
An appeal should include:
- the user’s legal name;
- the email address connected to the Account;
- the relevant Content identifier;
- the reason the decision is disputed;
- generation or editing records;
- evidence of rights and permissions;
- any corrective action already taken.
Filing an appeal does not automatically restore Content or release withheld payments.
54. Changes in AI Technology
AI technologies, provider terms and legal requirements may change rapidly.
PhotoBank may update:
- accepted AI Content categories;
- required labels;
- metadata requirements;
- prohibited Content rules;
- technical quality standards;
- review procedures;
- licensing options;
- documentation requirements.
55. Changes to This Policy
PhotoBank may update this Policy to reflect:
- changes in applicable law;
- new AI technologies;
- new forms of synthetic media;
- changes in industry standards;
- new legal or safety risks;
- changes to PhotoBank services;
- changes to moderation and detection systems.
The revised Policy will be published on PhotoBank and the “Last updated” date will be changed.
56. Governing Law
This Policy is governed by the laws of the Republic of Moldova, without regard to conflict-of-law principles.
Mandatory rights and obligations under other applicable laws remain unaffected where they cannot lawfully be excluded.
57. No Legal Guarantee
Acceptance, labelling or publication of AI Content does not constitute:
- confirmation of copyright protection;
- confirmation that the Content is unique;
- confirmation that every third-party right has been cleared;
- legal approval of every possible use;
- a guarantee against future complaints;
- a guarantee that the Content complies with the law of every country.
Contributors and Buyers should obtain independent legal advice where necessary.
58. Severability
If any provision of this Policy is found invalid or unenforceable, the remaining provisions will continue in effect.
The invalid provision should be interpreted or replaced to reflect its intended purpose as closely as legally permitted.
59. No Waiver
A failure or delay by PhotoBank in enforcing this Policy does not waive the right to enforce the relevant provision later.
60. Contact
Questions, complaints and appeals concerning AI Content may be sent to:
Lumina Stock Media S.R.L.Lumina Stock Media SRL Kentford Business Center Bd. Ștefan cel Mare și Sfânt 202 MD-2004, Chișinău, Republica Moldova Email: office@luminastockmedia.md
Telephone: +373 852464
Please include the relevant Content URL or Content identifier in your message.
Before public AI Content submissions are enabled, PhotoBank must implement a required AI disclosure field, visible AI labels and an internal moderation workflow for synthetic Content.