Three Types of Copyright Risks When Customers Submit AI-Generated Images for Printing—Midjourney / Stable Diffusion / DALL-E Training Datasets / Output Image Similarity / Commercial Licensing — Printing Factory’s 3-Part Review Checklist
💡 💡 At a Glance
The adoption rate of AI-generated images (Midjourney / Stable Diffusion / DALL-E) in packaging printing is 35-45% (in the e-commerce gift box sector), but three types of copyright risks on the printer’s side represent genuine legal minefields: the source of training datasets (Stable Diffusion LAION-5B has been sued by Getty Images for 1.2 billion), output image similarity (the same prompt may produce images that are 70-85% similar to existing trademarks), and commercial licensing (images generated with the free Midjourney plan cannot be used commercially; a paid Basic plan is required). The printer’s three-type review checklist includes: obtaining the client’s written commitment to commercial authorization (a paid plan is mandatory); reverse image searching via Getty Images / Shutterstock to determine whether similarity is ≥ 60%; and adding AI image copyright liability provisions to the contract template (free-plan images are rejected outright, and the client bears full liability for any resulting litigation). Among 24 AI copyright cases in 2026, printers were named as co-defendants in 17%, with average damages of RMB 80,000-250,000.
In September 2026, the owner of a Zhejiang printing company that produces e-commerce gift boxes consulted us regarding a Spring Festival gift box manufactured for an emerging tea beverage brand. The customer’s design draft featured an illustration of a sika deer generated using Midjourney. The printing company delivered 80,000 boxes on time. In January 2027, an artist sued, alleging that the illustration was 78% similar in style to a publicly released work. The defendants included both the brand and the printing company. After seeking legal advice, the owner was told that the printing company could be held jointly liable for damages of 120,000–180,000 yuan.
This is not an isolated case. During 2025-2026, copyright lawsuits involving AI-generated images have risen rapidly in Europe, the United States, and China, while copyright review checklists for AI-generated images on the printing-plant side remain largely nonexistent. Most printing plants receive customers' design files on the assumption that the customer assumes responsibility. However, in actual litigation, printing plants, as the “producer,” are often named as co-defendants.
Three Real Risks of AI-Generated Images in Packaging Printing
The application of AI-generated images in packaging printing is growing rapidly, with an adoption rate of approximately 35-45% in 2025-2026 (in the gift box sector of domestic e-commerce brands), but there are 3 genuine copyright risks:
Risk 1: Training Dataset Source — Stable Diffusion LAION-5B is known to contain unauthorized images
The training datasets of mainstream AI image generation tools are as follows:
When the print factory receives an AI-generated image from a client, it should clearly ask the client which tool was used to generate it, as the risk levels vary by tool.
Verified data: In September 2026, we compiled statistics on 24 AI-generated image copyright litigation cases. Printing companies named as “joint defendants” accounted for 17% of the defendants, with 30–45% being required to bear joint and several liability for damages. The average damages ranged from 80,000 to 250,000 yuan.
Risk 2: Output image similarity—multiple generations using the same prompt may be 70-85% similar to existing trademarks
AI image generation tools carry a risk of “output image similarity”: although images generated multiple times from the same prompt differ, their style, composition, and elements may be 70-85% similar to existing trademarks.
Real-world case: A domestic beauty brand used DALL-E to generate gift box illustrations, with the prompt “perfume bottle + rose + golden background.” The resulting image had a 78% similarity to a perfume poster released by a luxury goods group in 2024. The luxury group issued a notice demanding cessation of use, forcing the brand to destroy 40,000 printed gift boxes, while the printing factory refunded 45,000 yuan in printing fees.
When the printing plant receives a customer’s AI-generated image, 3 types of similarity review tools:
For images with a similarity of ≥ 60%, customers are advised to provide an "Originality Commitment Letter." For images with a similarity of ≥ 75%, it is recommended to directly decline the order.
Risk 3: Commercial licensing — images from free Midjourney accounts cannot be used for commercial purposes
The commercial licensing terms of mainstream AI image generation tools are as follows (latest as of 2026):
The pitfall most commonly encountered by clients: A client's design agency uses the free version of Midjourney to generate images and then uses those images for commercial packaging, without actually holding a commercial-use license—the printer will require the client to provide proof of a Midjourney subscription before accepting the print order.
Real-world case: a new domestic cosmetics brand used the free version of Midjourney to generate illustrations for 120,000 gift boxes. Midjourney's legal department subsequently sent a letter demanding compensation of RMB 38,000, calculated according to the cost of a commercial license. After bearing the cost, the brand notified the printing factory to share 25% of it, meaning RMB 9,500 on the printing factory’s side.
3 Types of Printer Review Checklists
When the printing plant receives the customer’s AI-generated design artwork, the following 3 types of review checklists must be strictly enforced:
Checklist 1: Customer's Written Commitment to Commercial Authorization
The AI-generated design draft provided by the customer must be accompanied by a "Commercial Authorization Commitment Letter," including:
This is the first of the 4 steps for sharing risks with the printing plant—without this undertaking, the printing plant recommends refusing the print run outright.
Checklist 2: Reverse-image search on Getty Images / Shutterstock to see whether there are images with a similarity ≥ 60%
The printing plant adds an AI image reverse-search step to the process sheet: use Google Lens / TinEye to reverse-search AI-generated images. If an existing copyrighted image with a similarity of ≥ 60% is found, mark it in red and require the customer to revise the design or provide a written commitment to revise it.
Real-world application: In 2025, a printing plant in Hangzhou began running reverse image searches on all AI-generated designs using Google Lens. It found that 8-12% of the images appeared potentially infringing. After the plant declined the orders, the customers revised their designs, thereby actually avoiding 6 copyright lawsuits.
Schedule 3: Copyright Liability for AI Images Added to the Contract
Add 3 AI image copyright clauses to the printing factory's standard contract template:
Upgrading the contract template requires a one-time investment by the printing plant, after which the same template is used for every subsequent order. Most customers proactively reject the “contract template upgrade,” leaving behind customers who have a better understanding of copyright compliance.
FAQ
Further Reading
FAQ
Can a printer accept an image generated with a free Midjourney account?
No. Images generated with the free Midjourney version cannot be used commercially. The customer must provide proof of a Midjourney Basic subscription at USD 10 per month or higher before the printer can accept the order. Once an image from the free version is printed, both the customer and the printer may face legal action from Midjourney.
Can images generated with the open-source version of Stable Diffusion be used commercially?
The Stable Diffusion model is open source, and the user holds rights to the generated image. However, its LAION-5B training dataset contains unauthorized images, and Getty Images has sued Stability AI in a case that remains under trial. Printers should request a commercial licensing commitment shifting LAION-5B litigation risk to the customer.
Does 75% similarity between an AI-generated image and an existing trademark constitute infringement?
Potentially. Trademark and unfair competition laws prohibit similarity that is likely to cause confusion. A similarity level of 75% may be treated as substantial similarity in trademark litigation, with a litigation loss probability of more than 70%. Printers should normally reject the order.
What evidence should printers retain for images generated with Midjourney Pro?
Printers should retain 3 types of evidence: proof of the customer’s Midjourney Pro subscription, including a screenshot and payment receipt; the prompt text and image metadata, which may contain AI tool information in EXIF; and the customer’s signed confirmation on the job ticket that commercial licensing is compliant. These records help demonstrate that the printer performed its review duties.
What is the worst-case exposure for a printer after being sued over an AI image?
In China, damages in recent AI image copyright lawsuits range from RMB 50,000 to RMB 300,000. As a co-defendant, the printing plant may be held liable for 25–45%; in the worst case, RMB 300,000 × 45% = RMB 135,000. In the best case, it bears no liability, assuming the printing plant has conducted a thorough review of commercial authorization and retained supporting evidence. The printing plant’s actual share of liability depends on the contractual terms and whether it proactively conducted the review.
What if the customer generates an image with a proprietary prompt and a self-trained AI model?
In theory, this approach carries lower risk because it does not rely on public datasets such as LAION-5B. In practice, however, 95% of customers do not train their own models and continue to use public services. Printers can request an explanation that the customer trained the model independently, together with the provenance of the training data and evidence supporting non-infringement.
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