AI And Copyright: A Quick Marketing Guide

Author

Marketer In The Loop
October 18, 2024

AI And Copyright: A Quick Marketing Guide

AI is creating a legal minefield. Here's what you need to know about generative AI and copyright today, plus resources for a deeper dive - and that inevitable chat with your legal team. ✌🏼

1. Can You Copyright AI-Generated Content?

The short answer: It's complicated.

  • U.S. law says no to machine-only creations. Human involvement is key - simply editing an AI-generated output or providing basic prompts may not be enough.

  • You might have a case if AI is part of a broader creative process, with clear human authorship.

What this means for you:

  • Document your process. Save prompt iterations and final edits. More human touch = better protection chances.

  • Bottom line: For guaranteed copyright, don’t use AI. Yep, that simple.

2. Copyright Infringement: The AI Training Data Dilemma

The issue: AI tools learn from massive datasets, often including copyrighted material. Real-world examples: news, books, music, videos.

  • AI companies claim "fair use" of third-party data, but courts are skeptical.

  • Your AI-generated content might accidentally copy something. That's a legal risk.

How to avoid issues:

  • Be extra careful with niche content where copying risks are higher.

  • Use plagiarism checkers or tools like Copyscape or Quetext.

3. Ownership and Copyrights: What's Really Yours?

The catch: "Owning" AI output doesn't equal copyright protection.

  • AI tools might say you own the outputs, per their terms. But that's not copyright.

  • In most cases, you can use it commercially, but so can others – without your permission.

Pro tip:

  • Read those agreements. Some AI providers might retain rights to improve their systems.

  • Assess use cases and whether you need rights over outputs. A logo or tagline, and customer support messages aren't equal.

4. Protecting Your Intellectual Property

Key point: Don't let AI compromise your valuable trade secrets and sensitive data.

  • Be cautious with inputs. AI models can "learn" from what you feed them.

  • Sensitive data could end up in content generated for others.

How to protect yourself:

  • Establish clear internal policies and controls on AI use. Set up tools accordingly - many allow you to not record data or use it for model training, but these options are not always enabled by default.

  • Avoid inputting confidential business information into AI systems. Educate your team on IP protection.

Marketer's Checklist:

  • Know your local laws: Copyright rules differ globally.

  • Add human creativity: More is better for copyright claims - but still not guaranteed. Need guaranteed copyright? Don’t use AI.

  • Beware of copyright infringement: Be cautious with the content created. And check the resources below. 👀

  • Read the fine print: Assess use cases and understand your rights for each AI tool.

  • Protect your IP: Be cautious with sensitive data inputs, ensure policies, controls, and training are provided (and also consider what you want or dont want AI companies to scrape from your online presence).

  • Stay updated: Copyright laws are evolving fast. Many grey areas remain. Here are some resources: US

Disclaimer: This content is for educational purposes only and not legal advice. Seek formal legal advice from qualified professionals at your company (or third party). 😎