Where the Generative AI is useful in the design of a game
The Midjourney, DALL-E 3, Stable Diffusion XL or Flux Pro is a powerful accelerator in the exploratory phase of a corporate board game project. Three uses proven on our 33 recent projects.
Usage 1 - exploration of mood board. Generate 30 to 50 stylistic variations in 2 hours (instead of 2 days with a human illustrator) to validate an artistic direction with the customer. The mood board IA is not intended to be used in production - it serves to fix the creative brief before ordering human illustrations.
Use 2 - quick iteration on secondary elements. For a game with 80 cards, the illustration of each card by a human takes 60 to 120 hours of work. A hybrid approach consists of generating decorative or background elements in IA, then retouching them substantially by hand to ensure originality and consistency.
Use 3 - prototype rough. For the prototype rough The final artistic direction is still to be done in human form, but the prototype tested is usable.
The 3 major legal risks in B2B 2026
Risk 1 - no copyright on pure AI releases. Several converging court decisions in 2023-2025 (US Copyright Office, Chinese case law, European tribunals) established that works generated by AI without substantial human intervention aren't protectable by copyright. Consequence for a B2B project: if you deliver a 100% AI-illustrated game to a large group, that large group won't be able to assert copyright on those visuals in case of copying by a third party.
Risk 2 - unintentional counterfeiting. The models of general AI have been drawn on massive corpuses of protected works (in progress Getty Images vs Stability AI trial, complaint by collective illustrators against OpenAI). A generation IA can partially reproduce the style or elements of a work of the corpus. If the final client is exposed publicly, the risk of infringement action by a right holder (original illustrator, photographer) is not zero.
Risk 3 - clause IA is non-existent or unclear. Many major account contracts 2025-2026 now impose a "AI Disclosure" clause: the provider must declare any use of general AI and guarantee the originality of the deliverables. A false statement exposes to the termination of the contract and penalties. It is better to declare honestly and negotiate the scope than to hide and risk the breach.
How French law treats works generated by IA in 2026
French law applies the principle of human originality, codified in article L. 111-1 CPI. Recent case law (recent case law) has confirmed that works generated by AI without substantial human creative intervention aren't protected by copyright. Conversely, a work where the human has structured, selected, retouched or combined AI outputs can be protected if the human contribution is sufficiently original.
The border is blurred but it becomes clearer: a prompt (even very elaborate) is not enough. A substantial retouch (change of at least 30 to 40% of the visual, recomposition, addition of human elements, characteristic editorial choice) is usually enough. For a B2B project, the recommended practice is: any visual intended for final production must have documented human work - intermediate versions, Photoshop editing, creative validation.
At European level, the AI Act (entered into force in August 2024, progressive application until 2027) requires transparency on the use of general AI in publicly distributed content. A reference to the type "contains elements generated or assisted by IA" may be required in certain contexts.
Practical case: illustrate a B2B game in 2026, hybrid method
On recent projects, we apply a hybrid method that maximizes the benefits of AI while legally securing the deliverable. Exploratory phase (weeks 1-3): 100% IA, mood board wide, free exploration, customer validation. Frame phase (week 4): selection of an artistic direction, precise brief to a human illustrator who takes over.
Illustration phase (weeks 5-10): 80% human, 20% IA in assistance (generation of background, secondary decorative elements, but systematic human retouch). Each illustration delivered passes through a human who signs the final work. All visuals are reworked (at least on composition, palette, details features) - never pure IA output delivery.
Production phase (weeks 11-14): 100% human for final layout, pre-press, the BAT (Good to draw, validation before printing). This discipline guarantees the legal originality, aesthetic consistency and eligibility to the final customer's copyright.
How to write an IA clause in an order contract
A well-written IA clause has 5 elements. Element 1 - honest statement "The claimant states that he used / did not use any generic AI tools to deliver the deliverable." Element 2 - perimeter "The use of AI is limited to the exploratory phase / mood board / secondary elements". Element 3 - Human touch "Any final deliverables from AI in part are subject to a substantial human overhaul".
Element 4 - Guarantee of originality "The provider shall ensure that the deliverables are original and do not infringe any third party rights, including the copyrights of works constituting the training corpus of the AIs used." Element 5 - Insurance Clause The obligation of the provider to compensate the customer in the event of infringement proceedings by a third party.
For a sensitive large account (bank, insurance, public institution, school publisher), this clause is now often imposed in the original PIP (more about our see the publisher's guide) Refusing it blocks the contract. Better anticipate and write it properly.
Comparison of the main AI tools for the game in 2026
Midjourney v7 (released in March 2026): excellent aesthetic quality, still limited prompt control, 2048×2048. Good for mood board and exploration. Price: 30 to 60$/month depending on volume. License: Pro plan gives explicit commercial rights.
DALL-E 3 (via ChatGPT Plus or OpenAI API): understanding the very fine prompt, solid quality, limitation: safety filters sometimes restrictive on sensitive topics. Good for precise briefs. Price: $0.04 per API image. Commercial license included.
Stable XL Diffusion / Flux Pro (in local or via Replicate, Fal.ai): total flexibility, high technical control (LoRA, ControlNet), requires technical competence. Good for pipeline production. Marginal cost per image. Open source models but pay attention to third-party LoRAs (varied licenses).
Adobe Firefly : integrated into Adobe suite, trained on the Adobe Stock corpus (legal risk reduction), quality a step below Midjourney but superior traceability. Recommended for projects with high legal exposure. Rate: included in Creative Cloud subscriptions.
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Can we publish a board game entirely illustrated by IA?
Technically yes, not recommended. Pure IA illustrations are not protected by copyright across Europe or the US (jurisprudence 2023-2025), which deprives the customer of any action against a later copyer. For a serious B2B project, recommendation: substantial systematic human retouch.
What is the cost of illustrating an AI vs. human game?
For a set of 80 cards: raw AI illustration = a moderate envelope (tool subscription). Human illustration = a moderate envelope depending on the style and level of detail. Hybrid method (AIA assisted + human retouch) : a moderate envelope. The gap narrows down to the hybrid, which is the best compromise quality/cost/legal security in 2026.
Is Midjourney legal for commercial use?
The Midjourney Pro plan explicitly includes commercial rights. But commercial use also depends on the respect of third-party rights: if the image generated inadvertently reproduces the style of a protected illustrator, the risk of infringement exists independently of the Midjourney contract. Always check the originality of the outputs before publication.
How do I know if a generated image looks too much like an existing work?
Three checks: search for inverted images (Google Lens, TinEye) on the main results, manual stylistic check compared to known illustrators of the genre, request validation from an intellectual property lawyer in case of doubt (a moderate envelope for ad hoc advice). For sensitive projects, this is a necessary investment.
Should I declare the use of AI in a B2B game delivered to a large group?
Yes, more and more systematically in 2026. Many Grand Account PFRs impose a clause "AI Disclosure". The honest statement + justification of limited perimeter + guarantee of originality by human touch is the posture that passes in commission. Hide the use of AI is risky: the quality audit of the deliverable can detect it.
Sources: CNIL (RGPD) · INPI (protect your creations).