✨ AI Copyright Demystified

AI copyright guide, how to build better strategies and more

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Hey, marketers in the loop.

AI and copyright is definitely a hot topic. This week's newsletter includes a brief guide to address common questions.

We will also explore ways you could use AI to support marketing strategy development, including a new (and secret) OpenAI tool that helps build professional prompts.

Please email me if you have suggestions for improvement. I read and respond to all messages, aiming to tailor our content to your needs.

Onward.

In this issue:

  • My favorite links of the week 🙌🏼

  • A quick AI copyright guide for marketers

  • 5 ways AI can help you build better strategies

Reading time: 7 minutes

MY FAVORITE FINDS

Industry News

Thought Leadership

LEGAL CORNER

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). 😎

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AI COPILOTS

AI as a Strategy Consultant - Plus a Secret Professional Prompt Generator

Incorporating AI into yearly planning processes can enhance data analysis and decision-making capabilities. This post examines how AI tools can contribute to strategy development.

Context: AI tools offer the ability to process large amounts of data quickly, potentially uncovering insights that might be missed through traditional analysis methods.

Important: I have a secret prompt generator to help you accomplish the scenarios below. If it feels overwhelming, don’t give up and go through to the end of the article for instructions. It’s all good. 👍🏼

Here's an overview of how AI can be applied to yearly strategy development:

1. Market and Competitor Analysis

AI can assist in gathering and analyzing market data:

  • Customer insights: Analyze purchasing patterns and preferences to inform audience segmentation.

  • Competitor tracking: Monitor competitors' marketing activities and online presence.

  • Trend analysis: Identify potential industry shifts based on online content and search data.

Pro tip:

  • Data sources to improve outputs: Start with web, social media, forums, product reviews, competitor job postings, or other public data, and then combine with other sources like sales or CRM for a comprehensive view.

  • Potential co-pilots you should explore: ChatGPT, Gemini, Marketing Research GPT (I would start here!), Crayon, Klue, Valona

Considerations: 

  • Inputs: Use reputable and up-to-date data sources for analysis.

  • Context: Combine AI analysis with human expert interpretation.

2. Audience Insights

AI can help develop more detailed customer profiles based on real or synthetic data:

  • Synthetic feedback: Generate hypothetical customer reactions to new concepts.

  • Advanced segmentation: Create detailed personas based on various data points.

  • Buyer journey behaviors: Simulate persona behavior across different buyer journeys.

Pro tip:

  • Data sources to improve output: Audience data is gold. Social, product reviews, research data or any historical feedback database can be used as an AI input for better results.

  • Potential co-pilots you should explore: create a custom GPT that mimics your audience for real-time feedback (it’s easier than you think, you can build in 15 minutes), Data Analyst GPT, Evidenza, Opinio, Native, Humantic

Considerations: 

  • Diversity: Ensure quality and diversity of data that represents a wide range of customer segments.

  • Validation: Use synthetic feedback to supplement, not replace, real customer insights.

3. Scenario Planning

AI can assist in modeling potential future scenarios:

  • Strategic simulations: Model outcomes for different strategic decisions.

  • Risk assessment: Analyze external factors to anticipate potential challenges.

  • Channel optimization: Analyze past performance to inform budget distribution across marketing channels.

Pro tip:

Considerations: 

  • Outcomes: AI models may not account for unexpected, major events. Explore a range of possibilities, including unlikely but impactful incidents.

  • Decision making: Use AI recommendations in conjunction with strategic judgment.

ChatGPT New Free (For Now) Prompt Generator

Although this solution was created by OpenAI for developers, you can use it to generate professional prompts. It will give you a solid prompt to any of the use cases in this article. Instructions below.

  1. Log in on https://platform.openai.com.

  2. Click on “Playground” in the header on the right.

  3. In the “System instructions” select “Generate” and describe what you are trying to accomplish - feel free to use the use cases above as a baseline and, if needed, customize to your needs.

  4. Copy and paste the prompt into ChatGPT or your favorite general-purpose AI tool. It is important to note that for most of the tasks above you will need to provide data for better outputs.

Last But Not Least…

  • Public data is great, but business data is even better. Try to leverage as much 1st party data as possible.

  • Check data training policies before uploading any data in your favorite tool.

  • Remember that AI hallucinates from time to time. Human oversight and strategic thinking are required.

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