What if future genealogists discovered a beautiful photograph of your great-great-grandmother in your family archive, only to learn decades later that it was a fake? As AI-generated images become increasingly sophisticated and accessible, family historians face an unprecedented challenge: how do we harness this powerful storytelling tool without compromising the historical integrity that lies at the heart of our work?
Disclaimer: The information in this article is general and should not be relied on as legal advice.
AI-generated images are new images created by a machine based on training data and a text prompt provided by a user. Images can be in a variety of styles, ranging from ones that look like real photographs, to paintings and line drawings. There are significant advantages in using AI-generated images for family history, but the use also raises complex issues that we need to navigate carefully.
This article focuses on responsible use of AI-generated images, not image creation techniques.
Why use AI-generated images in family history?
Images are powerful tools for storytelling. They can enhance your family history narratives, illustrate imagined scenes, and create reconstructions of places your family lived or events they participated in.
Genealogists sometimes use AI to generate images of what their ancestors may have looked like. This is particularly valuable when you don’t have photographs of your ancestors.
AI-generated images are especially useful for periods before the invention of photography, or where historical photographs are simply not available. They can bring historical contexts to life in ways that text alone cannot achieve.
Understanding legal and ethical considerations
Using AI-generated images does not appear to result in copyright violations under Australian law. While the training data used by AI models may include works protected by copyright, it remains unclear whether laws have been broken by this process. The AI tool itself cannot own copyright.
Despite this legal position, many living artists object to their works being used to train AI without consent or compensation. [1]
This raises important ethical considerations for us as users of AI models. We need to consider the impact on creative communities when we choose to use these tools.
The general consensus in Australia is that you may hold copyright in an AI-generated image if you contributed sufficient creative input. There is no definitive answer to how much contribution is enough, but it would presumably require more than using a simple text prompt. [2]
Making AI images your own through creative input
One way to address both copyright and ethical concerns is to contribute significant creative input to your AI-generated images.
You can do this by:
- Describing specific elements to include when you ask AI to generate an image, rather than referencing copyrighted works
- Requesting general styles instead of specific artists or brands (for example, ‘impressionist style’ rather than ‘Monet-style’)
- Using your own photographs as reference material for the AI
- Modifying outputs using image editing tools like Canva or Photoshop.
Example: I recently created this AI-generated watercolour of a Cotswold church by uploading my own photograph as reference material. I was experimenting with AI as an artistic tool. Because this was just a decorative image for Instagram rather than historical documentation, I added a simple caption acknowledging that it was AI-generated. No source citation was needed in this context.
Creating historically accurate and appropriate images
Accuracy and authenticity are fundamental principles in family history. This principle must extend to images as well as written documentation.
When creating AI-generated images based on historical evidence:
- If available, provide the AI with reference photographs showing period clothing, building styles, and actual locations
- Include descriptions from reliable historical sources as part of your text prompts
- Cross-check important details such as weather patterns, terrain, and cultural customs
- Be aware of potential anachronisms that AI might introduce
- Consider consulting historical experts when recreating specific time periods or events.
Remember that AI models do not understand context the way humans do. They might combine elements from different time periods inappropriately.
Photo restoration versus image creation
AI tools can also enhance or restore damaged historical photographs. This is generally excellent for preservation purposes. However, integrity must still be maintained.
When using AI for photo restoration:
- Clearly document what has been restored or enhanced
- Keep the original unaltered version
- Be transparent about the extent of AI involvement
- Consider whether restored elements are based on evidence or speculation.
The same principles of attribution and transparency that apply to entirely AI-generated images also apply to AI-enhanced historical photographs.
When and how to disclose AI use
There is no legal obligation in Australia to indicate that AI was used to generate an image. However, you may choose to do so for transparency and to maintain trust with your audience.
The key question is: what are the potential consequences if someone was not aware that the image was AI-generated?
For decorative illustrations used on social media, disclosure might be as simple as a caption overlay. However, if you’re creating what appears to be a photograph of an ancestor, the implications are significant. As family historians, we are creating historical records. It is crucial that they be identified accurately.
Context determines the level of attribution needed. Over-attribution can be unnecessary and distracting. Under-attribution can be misleading and potentially harmful to historical accuracy.
How to label AI-generated images
For transparency, images used in formal family history documentation should be accompanied by appropriate captions and source citations.
See my example, below. You could also include the text prompt used and the name of the AI model, but this is optional.
The caption format is based on guidance from the University of Melbourne.
The citation format follows advice from the Arts Law Centre of Australia that copyright law only recognises the human creator, not AI, as the author.
Since images can become separated from their captions, consider adding a watermark or text overlay indicating AI generation for important historical images. You can also include that information in the alt-text for online images.
Organising and managing your AI-generated files
The last thing you want as a family historian is to forget that an image you created was not genuine. Prevent this problem by using file naming systems that clearly identify AI-generated content.
Examples:
- PollardFarmhouse_MadronCornwall_1860_AI.jpg
- AI_PollardFarmhouse_MadronCornwall_1860.jpg (groups AI files together alphabetically)
Include AI-generation information in image metadata as well. This creates multiple safeguards against future confusion.
Evaluating AI-generated images from others
Family historians must always analyse the authenticity and reliability of sources. This has become even more critical with AI-generated content becoming widespread.
Only use images with reliable provenance. If you use an AI-generated image that someone else produced, include the original caption and source citation. Don’t assume that undocumented images are genuine historical photographs.
Develop skills in spotting AI-generated images. Look for telltale signs like unusual textures, inconsistent lighting, or anatomical irregularities.
Conclusion
AI-generated images offer exciting opportunities for family history research and storytelling. They can bring our ancestors’ worlds to life in unprecedented ways.
However, with this power comes responsibility. We must use these tools ethically, transparently, and with full consideration for their impact on artistic communities and historical integrity.
The key is thoughtful application. Consider your purpose, your audience, and the potential consequences of your choices. When in doubt, err on the side of transparency and proper attribution.
By following these principles, we can harness the benefits of AI while maintaining the trust and accuracy that are fundamental to good family history practice.
More information
For more of my articles on documenting your family history, go to the Document page.
Footnotes:
[1] See, for example, Shaffi, S. ‘It’s the opposite of art’: Why illustrators are furious about AI. The Guardian.
[2] See AI and Copyright in Australia, The Copyright Agency, and Artificial Intelligence and Copyright, Arts Law Centre of Australia
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