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Do not assume an asset is either forbidden or free to use simply because it may have been made with AI. When an image, icon, sound, animation, or other non-code file has no reliable provenance, treat its origin and permissions as unresolved. Inventory the exact file, search the project’s records, check the app’s policy and the generation tool’s terms, investigate any recognizable third-party material, and keep the file only when the project can document a defensible basis for distribution. Otherwise, replace it with an asset whose source, creator, terms, and required notices can be recorded.
This is a maintenance and risk-management workflow, not a universal legal test. The right decision depends on the app’s project policy, distribution model, jurisdiction, the actual file, and evidence about how it was created.
What “unclear provenance” actually means
Provenance is the evidence trail behind an asset: who created it, which source material was used, what tool or model was involved, when it was made, and under which terms it may be copied, modified, and distributed. A missing filename note or an absent generation log does not prove infringement, public-domain status, or unrestricted use. It means the project cannot currently answer important questions with confidence.
Keep four questions separate during review:
| Question | What it asks | Why it matters |
|---|---|---|
| Origin | Was the file drawn by a person, generated or edited with AI, copied from another source, or assembled from several sources? | Origin helps identify which records and terms must be checked, but does not by itself decide permission. |
| Copyright status | Does anyone hold copyright or another relevant right in the file or its components? | Copyrightability can vary by jurisdiction and by the amount of human authorship; it is not established merely by an AI label. |
| Permission | May this project reproduce, modify, package, and redistribute the asset under its intended license? | A project needs a usable permission basis even when a file may not receive copyright protection. |
| Disclosure | Must the project identify AI generation or manipulation to users, distributors, or regulators? | Transparency duties are separate from copyright and may depend on the deployment, actor, location, and type of content. |
A visual inspection or an AI detector cannot conclusively establish any of these points. A detector may produce a clue worth recording, but it is not proof of origin or license.
#1 Best Overall
Start with the project’s rules, not a Linux-wide assumption
Linux is an ecosystem, not one asset policy. An application may be governed by its own contributor agreement, licensing file, release checklist, distribution rules, or foundation policy. Read those documents before choosing whether to retain or replace a file.
The Linux Foundation’s Guidance Regarding Use of Generative AI Tools for Open Source Software Development states: “Code or other content generated in whole or in part using AI tools can be contributed to Linux Foundation projects.” The same guidance expects contributors to check the tool’s terms, address permission and attribution for included third-party material, and follow the individual project’s policies. That is conditional permission, not a blanket approval for every asset in every Linux application.
Do not copy Linux kernel requirements into an unrelated project. The kernel’s current AI Coding Assistants guidance addresses kernel contributions, including compatibility with GPL-2.0-only, appropriate SPDX identifiers, and a rule that AI agents must not add Signed-off-by tags. Those requirements are kernel-specific. Your app may have different license, sign-off, attribution, or review rules.
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1. Identify every candidate file
Begin with an inventory rather than an informal suspicion. List each questionable asset and every place the application uses it.
- Record the repository path, filename, file type, dimensions, color profile, frame rate or duration where relevant, and current hash if the project already records hashes.
- Note whether the file is shipped in a package, embedded in a binary, downloaded at runtime, displayed in documentation, or used only in tests.
- Record the commits, tags, pull requests, or releases in which the asset first appeared or changed.
- Map variants: light and dark themes, high-density icons, localized graphics, accessibility alternatives, loading states, and platform-specific formats.
For a Git repository, history commands such as git log --follow -- path/to/asset and git log --all -- path/to/asset can locate introduction and modification commits. Use the project’s normal tooling; do not rewrite history merely to make an uncertain asset look documented.
2. Search the project’s own records
Search version-control history, pull-request conversations, issue threads, design files, contributor notes, release checklists, asset manifests, and build scripts. Look for:
Rank #2
- the human creator or commissioning party;
- the generation or editing tool, model name and version, and creation date;
- prompts, reference images, stock sources, or other third-party inputs;
- the tool’s terms in force when the asset was created;
- permission emails, contributor declarations, invoices, or license notices;
- the original uncompressed file and any transformation steps.
Preserve the record you find rather than relying on a private memory or an inaccessible chat transcript. If no record exists, write “provenance not established” in the internal review record and continue the investigation. Missing evidence is not evidence of freedom to use.
3. Inspect metadata without treating it as proof
Check embedded metadata, export settings, sidecar files, and repository manifests for creator, software, date, license, or source fields. Metadata can be stripped, copied, or edited, so corroborate it with commits and permission records. Likewise, an AI detector result may help prioritize manual review but cannot prove that a human-made file is AI-generated or that an AI-labeled file has no rights restrictions.
Record hashes before replacement when the project’s process supports them. A hash proves which bytes were reviewed; it does not prove who owns those bytes or which license applies.
4. Investigate recognizable third-party material
Look for logos, characters, photographs, landmarks, fonts, music samples, voices, screenshots, or distinctive illustrations that appear to come from an existing work. Ask whether the relevant owner granted permission and whether the permission covers the app’s distribution, modification, territories, duration, and media.
The Linux Foundation guidance specifically recommends checking permission and providing notice and applicable license information for included third-party material. If an output incorporates such material and no permission can be established, do not treat the AI tool’s terms as a substitute for the third party’s consent.
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Compare the app’s contribution and distribution requirements with the terms of the tool or service used to create the asset. Check the version and date of the terms, because a current webpage may not match the terms accepted when the file was generated.
- Does the app permit assets under the proposed license or permission?
- Does the tool grant the user rights to commercial or open-source redistribution, or only a limited service license?
- Does the tool impose attribution, notice, model-output labeling, or indemnity conditions?
- Do the terms address uploaded reference material and training or reuse of prompts and outputs?
- Can the project satisfy those conditions in binary packages, source archives, documentation, and mirrors?
If the terms are unavailable, contradictory, or tied to an account that nobody can access, record that uncertainty. Escalate material exposure to the project’s maintainers or qualified counsel.
6. Choose a disposition
Use a deliberate decision instead of an automatic “AI means delete” rule.
| Disposition | Use it when | Required record |
|---|---|---|
| Keep after substantiated review | Origin, permission, applicable notices, and project-policy compatibility are documented well enough for the intended distribution. | Asset identity, evidence reviewed, terms, attribution, reviewer, and decision date. |
| Replace with a clearly licensed alternative | The original source or permission remains unresolved, or the documented terms do not fit the app’s distribution. | Replacement source, creator, license or permission, notices, and change rationale. |
| Commission or create a replacement | The app needs a distinctive design and the project can obtain written terms from a creator or contributor. | Agreement or contribution record, scope of rights, source files, and attribution requirements. |
| Pause distribution and obtain review | The asset is central to a release, appears to contain valuable third-party material, or the consequences of a mistake are substantial. | Risk description, people consulted, interim packaging decision, and release hold. |
“Replace” is a risk-management choice when facts cannot be established; it is not a legal finding that the original asset is infringing.
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Compare candidates against the same criteria so that a quick visual swap does not create a new licensing or accessibility problem.
| Criterion | Questions to answer |
|---|---|
| Source and creator | Can the project name the creator or source and retain a stable record of how the file was obtained? |
| License or permission | Does the permission cover modification, redistribution, the app’s package formats, and the project’s intended audience and territories? |
| Attribution and notices | Where must credit, license text, trademark notices, or other notices appear? |
| Third-party content | Does the file include photographs, typefaces, logos, samples, or other components with separate terms? |
| Technical fit | Does it render correctly in supported formats, scales, color modes, themes, and platforms without introducing excessive size or performance cost? |
| Accessibility and consistency | Does it preserve contrast, recognizable meaning, text alternatives, motion preferences, and the application’s visual language? |
| Evidence preservation | Can the project keep the source and review decision in its normal manifest, release record, or contribution system? |
A replacement that has a clear license but fails at small sizes, disappears in a dark theme, or lacks an accessible alternative is not finished. Rights diligence and release quality must be reviewed together.
Implement the replacement without breaking the application
- Prepare the new files. Export only the formats and resolutions the app supports. Keep the editable source or master file in the location required by the project, and calculate a hash if the project uses hashes.
- Update references. Change resource manifests, build files, theme mappings, localization bundles, installer lists, and documentation links. Search for the old filename and for generated copies, not just the obvious UI call site.
- Preserve attribution. Add license text or notices to the project’s established location. Do not bury a required notice in an unshipped design file.
- Remove obsolete variants. Delete old files from packages and generated output where the project’s build system would otherwise continue shipping them. Verify that caches and archives do not retain the uncertain asset unintentionally.
- Review the diff. Keep the change narrowly scoped so reviewers can see which asset changed, why it changed, and what documentation was added.
- Build and render. Compile or package the app using supported toolchains. Open every screen, theme, scale factor, and platform path that uses the asset.
For sound or video, test duration, looping, sample rate, codec support, subtitles or transcripts, and mute or reduced-motion behavior. For icons and images, test scaling, transparency, contrast, localization space, and fallback behavior when the file is unavailable.
Document the decision and its evidence
Write a short, durable record that another maintainer can understand without access to a private conversation. A useful entry includes:
- asset path, hash, dimensions or format, and the commit or release changed;
- original and replacement descriptions;
- source and creator, if known;
- license, permission, attribution, and notice requirements;
- third-party material considered;
- tool, model, or generation details when they are known and relevant;
- the reviewer, date, project policy consulted, and final disposition;
- links or retained copies of the evidence under the project’s normal access controls.
If the project uses SPDX identifiers or a software bill of materials, follow its established conventions. SPDX is a standard for communicating provenance and licensing information; placing an SPDX identifier in metadata does not grant rights and does not cure missing permission. Keep the underlying evidence as well.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Copyright and transparency questions are separate
United States copyrightability
The U.S. Copyright Office’s Copyright and Artificial Intelligence work includes Part 2 of its report on the copyrightability of generative-AI outputs, published January 29, 2025. That publication describes the Office’s analysis; it is not a case-specific ruling about your application or a determination that a particular file may be redistributed. Ask what human contributions and third-party components are documented, and obtain jurisdiction-specific advice when the answer affects a major release.
European Union transparency obligations
The European Commission’s information on Article 50 of the AI Act says transparency obligations for specified AI-generated or manipulated content apply from August 2, 2026. Depending on the system and context, providers may need machine-readable marking and detection measures, while deployers may have disclosure duties. The Commission FAQ describes a transitional period until December 2, 2026 for certain systems placed on the market before August 2, 2026.
These dates do not automatically make an application asset lawful or unlawful. Applicability depends on the actual system, actor, content category, and deployment. The Commission has said its Code of Practice adequately covers the relevant obligations, while also stating that following the code is not conclusive evidence of compliance. Check current Commission guidance for the app’s circumstances.
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Common failure modes and recovery steps
“The file is in an open-source repository, so it must be usable”
Repository presence is not proof that every file has the repository’s code license. Check per-file notices, contributor records, and the project’s asset policy. If the evidence is missing, isolate or replace the file.
“The generator says I own the output”
A tool’s statement may address its contract with the user but not rights in recognizable third-party material, publicity rights, trademarks, or the project’s own license compatibility. Preserve the exact terms and investigate the contents of the output.
“A detector says it is AI-generated”
Record the result as an uncertain signal, not a finding. Seek source records, compare repository history, and ask the contributor for evidence. Do not remove a file solely because a detector produced a score.
“Adding an SPDX tag fixes the problem”
Metadata communicates a claim; it does not create permission. Correct the tag, retain evidence, and document any attribution obligations.
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Kernel guidance is scoped to kernel contributions. Read the application’s actual policy and release process instead of importing kernel-specific sign-off or license rules.
“We can sort disclosure out after release”
If the app is distributed in a jurisdiction with applicable transparency obligations, determine the responsible actor and required markings before shipping. A copyright review and a transparency review should be tracked separately.
Quick Recap
A maintainer’s final checklist
- Every uncertain asset has a path, hash or identifying details, and usage locations.
- History, discussions, design records, metadata, and contributor statements were checked.
- The app’s policy and the relevant tool terms were reviewed in the versions that matter.
- Recognizable third-party material was investigated for permission, notices, and attribution.
- The disposition—keep, replace, commission, or pause—has a named reviewer and written rationale.
- The replacement’s source, creator, license or permission, and required notices are preserved.
- SPDX or SBOM records follow the project’s existing conventions without being treated as proof of rights.
- Builds, packages, themes, accessibility behavior, and supported formats were tested.
- Copyrightability, permission, and transparency obligations were considered as separate questions.
- Material uncertainty was escalated to maintainers or qualified legal counsel before distribution.
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