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Who (or What) Generates Images for EFF?
We’ve had a few questions from EFF supporters lately, asking whether the images we use on our blog posts, or on donation and shop items, have been created with AI image generators. We’d like to answer these questions and clarify our internal policy regarding image creation.
EFF images are all made by human beings, not by automated image generators, with very rare exceptions. This is an internal decision made by our small design team, for the following reasons:
- Our designers bring knowledge and expertise to the images we create, informed by years of consultation with EFF’s lawyers, technologists and activists. We find that this informed perspective helps make the issues we cover more clear, and more engaging, for our supporters.
- The content on our sites is written by human beings, not by bots, and we feel that the images illustrating these posts should be human-made as well. Our supporters come to EFF for honest, trustworthy information from expert human beings, and we want our images to communicate that authenticity as well.
- Aesthetic preference: our designers prefer the look, as well as the process, of images made “by hand.” It also gives us more control over the images, including producing multiple versions for different posts. While it can sometimes take a bit longer, we feel the results are more satisfactory and long-lasting.
- While it is rare, it is possible for image generators to create images that are under copyright, or understood by some to be under copyright. This could conflict with our use of a Creative Commons Attribution license for all our images. By generating our own images, we avoid any risk of a dispute about copyright infringement, so that we can continue our work promoting digital rights (including the right to fair use of copyrighted materials) without fear of a lawsuit.
An example of EFF artwork process: sketch and final art
To be as clear as possible, we are now adding a small credit in the lower righthand area of each banner image that will read “Image created by EFF.” As mentioned earlier, there may be rare exceptions, when an EFF designer uses an automatically generated image as a small element in a larger illustration. In these cases, we will indicate that use with additional text, specifying the elements involved, and naming the image generator used.
We hope that by describing our internal design thinking, we are answering the questions we are getting without confusing anyone about EFF's various and nuanced positions on the issues raised by image generators. As with past technological developments, we continue to defend the rights of technologists to develop these powerful tools, as well as the right of the public to make legal and legitimate use of them. Ultimately, EFF's design team has made a choice we feel is consistent with EFF's brand and look, and it's a decision we think every user gets to make for themselves.
And don't forget: because all of our images are CC-By, you are free to use, share or remix our any image we create (we ask that you include a credit to EFF). If you need hi-res versions, you can find some on our Flickr page, or you can email us directly with any requests. And you can enjoy some of the art we create on gifts you receive when you donate to EFF!
Get awesome human-generated art as a thank you gift!
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Dismiss Church’s Trademark Lawsuit Against “Mormon Stories” Podcast, EFF Urges Court
Imagine if McDonald’s could use trademark law to control how you use the term “fast food.” Or if the Canadian government could stop you from using the word “Canada” in the title of a book about the country and its people. That wouldn’t just be absurd; it would be an unacceptable obstacle to criticism of and commentary about those institutions. Yet the Church of Jesus Christ of Latter-day Saints (the “LDS Church”) has a track record of claiming exactly that kind of authority over the word “Mormon,” using the threat of expensive litigation to pressure speakers into compliance.
We at EFF have opposed the LDS Church’s abuse of trademark law for over a decade. In 2014, we filed an amicus brief when the church sued an online dating service for church members called Mormon Match. In 2016, it threatened legal action against our client the Mormon Mental Health Association, a nonprofit association for mental health professionals who work with members of Mormon faiths. In 2025, the church tried to pressure our client Burke Sorenson into changing the name of his Mormon News Roundup podcast. Now, the LDS Church has brought a lawsuit over a podcast called Mormon Stories that examines Mormonism and Mormon culture. With the help of attorneys at Ballard Spahr, EFF has filed an amicus brief in the case.
Our brief urges the district court to dismiss the case as soon as possible. Trademark is supposed to be about helping consumers identify the sources of the products they buy, not controlling criticism. That’s why our brief asks the court to use a test that’s more protective of speech than what’s applied in most trademark cases. This test, known as the Rogers test, has been adopted by many courts (but not yet this one) for cases where someone is using a trademark as part of an expressive work, rather than just as a brand name. We explain to the court that the Rogers test is an important First Amendment safeguard in part because it makes it easier to throw out meritless trademark claims before the most expensive parts of litigation, allowing more speakers to confidently stand up for their rights.
Our brief goes on to explain that First Amendment safeguards are especially important in cases like this one, where a plaintiff is seeking to control the use of a common term for its common meaning. Trademark law isn’t even supposed to extend to generic terms, and for good reason. Otherwise, we risk giving trademark owners power to control discussion and debate over entire topics.
It’s about time that a court shut down the LDS Church’s trademark bullying. We hope the court will do so here, while also taking the opportunity to endorse the Rogers test.