Stating that a work is "made with AI" may provide very little information. It does not distinguish between generating, transforming, completing, training, selecting, or using an auxiliary system. Nor does it explain why the information is relevant in an exhibition, an award, or a sale.
Jason Allen: a declaration that did not resolve the conflict
Jason M. Allen won the digital art category of the Colorado State Fair in 2022 with Théâtre D’opéra Spatial. Contemporary coverage indicated that it was submitted as "Jason M. Allen via Midjourney" and that the rules did not specifically mention AI.
The case does not permit the assertion that he concealed the tool. It demonstrates the limitation of a brief attribution: naming Midjourney does not explain the process, editing, or evaluation criteria.
Boris Eldagsen: declaring to challenge the category
In 2023, Boris Eldagsen won the Creative Open category of the Sony World Photography Awards with The Electrician. He rejected the award and questioned the fact that AI images and photography were competing in the same category.
His timeline describes instructions, inpainting, outpainting, and a combination of platforms. The primary source available is that of the author himself; no equivalent open statement from the organiser has been located.
Two different conflicts
In Colorado, the issue was whether an attribution and general rules were sufficient for digital art. In the Sony case, the author used the award to debate the boundary of photography. Neither establishes a universal rule.
Article 50 does not impose an identical label
Regulation (EU) 2024/1689 establishes obligations for certain providers and deployers. Article 50 began to apply on 2 August 2026. In works that are evidently artistic, creative, satirical, or fictional, disclosure may be made in an appropriate manner without hindering the exhibition or enjoyment. The form is flexible; the obligation is not necessarily eliminated.
Guideline does not mean new law
The Commission's guidelines orient the application but do not modify the Regulation. Nor do they convert Article 50 into a general obligation to publish prompts or complete processes.
Declaring the tool or its intervention
A proportional declaration may distinguish between generation, transformation, model version, contributed materials, selection, editing, personal adjustment, and subsequent intervention. Not everything must appear on the label; a portion may remain in the technical file.
Open calls and categories
An open call should decide beforehand whether it admits generative tools, in which categories, what must be declared, what documentation may be requested, and how reserved materials are examined. Three recent Spanish open calls with sufficiently verified comparable clauses have not been located.
Transparency also has its limits
An exhaustive declaration may expose secrets, credentials, data, or third-party materials. One that is too brief may reduce distinct processes to the same label. It is advisable to separate public information, documentation for the jury or buyer, the reserved file, and evidence.
What these cases do not demonstrate
They do not demonstrate that every assisted work is a deepfake, that every artist is responsible for deployment, or that naming the tool is sufficient. Nor do they resolve authorship, training, or rights.
To take action
The guide How to declare the use of AI in a work, a sale, or an open call allows for the documentation of tools, intervention, and materials. When using data or images from the public, consult If your work collects data from the public.
About the open conversation
There are two unresolved questions. What does the public, a jury, an institution, or a buyer truly need to know regarding the intervention of AI? And what information belongs in the confidential file?
Naming a tool does not necessarily explain the process, and declaring the use of AI does not, in itself, resolve matters of authorship, rights, or artistic category. The cases reviewed do not permit the establishment of a single model for declaration.
If you possess call-for-entry guidelines, exhibition labels, declarations, or documented disputes, this notebook remains open: write to me.
