Legal and Compliance

Topcon operates globally. AI regulations are developing quickly. This section outlines the key legal considerations for our team. Any asset intended for external distribution should be reviewed by your legal or compliance team before publishing.¹

EU labeling icons

The EU has published an official set of icons to help audiences identify AI-generated or AI-modified content, in accordance with the AI Act transparency rules. As a global company distributing content in EU markets, Topcon's team should understand what each icon represents and when it applies.^2,3

correct

Used when a real, human-made asset was significantly altered using AI — such as background swaps, generative inpainting, or synthetic environment replacement. When Topcon uses AI to make a significant change to a photograph, this is the applicable icon for EU-distributed content.²‍

incorrect

Used when content is entirely created by AI with no human-made elements — fully synthetic images, video, or audio. Topcon does not generate assets from scratch using AI. This icon should never appear on official Topcon content.

AI modification scale — when to flag

Not every AI tool use requires a disclosure. The EU AI Act explicitly exempts AI used as "an assistive function for standard editing" that "leaves the input data and its meaning largely untouched." The scale below reflects how we interpret this at Topcon.⁴

Level Examples Disclosure required?

Routine editing

AI denoise, sharpening, color correction, lens distortion fix, exposure adjustment, minor retouching

No. Considered standard editing — does not change what the image depicts.⁵

Minor generative

Removing a trash bag or small object, removing a lens flare, extending sky marginally, minor background cleanup

Internal record only. Brand approval required but no external disclosure needed for EU markets.

Significant generative

Background swap, generative fill replacing a major scene element, adding clouds or environment not in original, extending foreground significantly

Yes. Use the AI Modified icon for EU-distributed content. Add disclaimer to metadata. Brand approval required.²

Prohibited

Generating an image from scratch, modifying products or logos, altering people's faces or likeness, AI video generation

Not applicable — these uses are prohibited regardless of disclosure.⁶

Disclosure & labeling

EU AI Act

Effective August 2, 2026. Article 50(4) requires disclosure of deepfakes and significantly AI-manipulated content distributed in EU markets. Machine-readable metadata obligations for AI tool providers expand December 2, 2026. Fines up to €15M or 3% of global turnover.^3,4

California

Requires AI companies to embed difficult-to-remove provenance data in images and videos. A second phase requiring platforms to surface this information to users takes effect January 1, 2027.⁷

FTC (US)

Actively enforces against deceptive AI marketing practices. Brands bear liability for AI-generated misinformation regardless of intent. False product claims via AI carry the same liability as any other false claim.⁸

Likeness & people

US State Laws

Several US states, including California, Washington, New York, and Tennessee, prohibit commercial use of a person's AI-generated likeness without explicit written consent. Standard release language is often insufficient. Consent must specifically cover AI-generated use.⁹

EU / Global

EU AI Act Article 50 requires disclosure of deepfakes. Multiple EU member states are introducing broader personality rights legislation covering commercial AI use of real individuals.³

Ownership

Purely AI-generated content is not copyrightable under current US law. Meaningful human creative direction and editing must be documented to support any copyright claim on AI-assisted assets.¹⁰

Confidentiality

Never input Topcon confidential data into public AI tools. This includes product roadmaps, personnel records, and financial details. Many consumer-tier tools retain submitted content for model training. Use only IT-approved enterprise tools.

References

1This section is a summary for brand guidance purposes and is not legal advice. Consult legal or compliance for asset-specific questions.

2EU Icons for Labelling AI-Generated Content — European Commission

3Code of Practice on Transparency of AI-Generated Content — European Commission

4EU AI Act Article 50 — Transparency Obligations Overview

5EU AI Act Recital 134 — Assistive editing exemption (Fstoppers analysis)

6See Topcon Brand HUB Generative AI policy — Image Generation & Alteration, Section 02.

7California AI Transparency Law — KQED

8FTC guidance on AI and deceptive marketing practices

9State-level AI likeness laws: California AB 1836, Washington SB 5116, New York SB 1048J, Tennessee ELVIS Act.

10US Copyright Office — Artificial Intelligence and Copyright

Using AI Tools Responsibly

Tools like CapCut, TikTok, Runway, and others are widely used, and for good reason. Creating content for social media, influencer programs, and campaigns using these tools is absolutely fine. The guidelines here are not about which tools you use. They are about what information you put into them.

The short version

If the content you are working with is already publicly available — published brand materials, released product imagery, existing campaign assets, public-facing copy — you are free to use it with any of these tools. The concern is not the platform. The concern is uploading or inputting anything that is confidential, unreleased, or not yet available to the public.

What you can do

These are all perfectly fine uses of AI tools, including ByteDance-owned platforms like CapCut and TikTok.

Social media content

TikTok, CapCut, Reels, and others

Permitted

Creating and editing videos for TikTok, Instagram, or other social platforms using published Topcon content, released product footage, or publicly available brand materials is permitted.

Permitted. Use publicly available content freely. This includes released product videos, existing campaign footage, and approved brand assets.

Influencer program content

CapCut, Runway, and similar tools

Permitted

Influencers and social media partners creating content using publicly available Topcon product imagery, released footage, or published brand assets may use any platform they choose.

Permitted. Influencer content using released, public-facing copy. You are free to use it with any of these tools.

Published brand materials

Any AI tool

Permitted

Remixing, editing, or building on content that has already been publicly released — finished ads, approved photography, published copy, released product specs — is fine across any tool.

Permitted. If it is already public, it can be used in any AI tool without restriction.

Campaign production

Any approved AI tool

Permitted

Using AI tools to edit, enhance, or produce campaign content from staged photography or released assets is permitted, subject to the image alteration guidelines outlined elsewhere in this section.

Permitted. Campaign work using released or staged assets is fine. Follow the image alteration guidelines for any AI modifications.

What you must never upload or input

Regardless of which tool or platform you are using, the following types of content must never be uploaded, input, or otherwise shared with any AI tool that has not been specifically approved for confidential enterprise data.

Unreleased products

Any platform

Never upload

Imagery, specifications, renders, 3D files, or any other materials related to products or initiatives that have not yet been publicly announced or released.

Never upload. If it has not been publicly announced, it must not go into any AI tool.

3D data and source files

Any platform

Never upload

CAD files, 3D models, point cloud data, engineering files, or technical documentation containing proprietary product geometry or design data.

Never upload. 3D and engineering data represents core Topcon intellectual property and must not be input into any external AI tool.

Internal financials

Any platform

Never upload

Revenue figures, pricing strategies, forecasts, budgets, contracts, or any other financial information that is not publicly disclosed.

Never upload. Financial data of any kind must not be entered into any AI tool unless that tool has been specifically approved for confidential data.

Confidential internal content

Any platform

Never upload

Internal policies, personnel records, strategic plans, legal documents, customer data, or any other content that is not intended for public distribution.

Never upload. If it would not be shared publicly, it must not be shared with an AI tool.

The rule to remember

Public content in, public content out. If the material you are working with is already available to the world, you are in the clear on any platform. If there is any question about whether something is public or confidential, treat it as confidential and contact the brand team or IT before uploading it anywhere.