You’ve read numerous articles, attended workshops, and discovered that AI tools can help you create outstanding marketing content. A new world of possibilities has opened up. But have you considered the legal implications? In a world where AI tools can generate catchy texts, high-quality images, and creative videos, it’s crucial to understand the risks. This post will cover the legal basics and provide tips on minimizing the legal risks of using AI.
What is Copyright?
Copyright protects original works such as texts, images, videos, and more. When you use a creation without the rights holder’s permission, you risk a lawsuit for copyright infringement. But what happens when the creation is made using AI tools? This is where things get gray.
- Is a machine-created work eligible for protection? According to copyright laws in many countries, the creator must be a human entity. Recently, the US Copyright Office determined that works protected by copyright require a human author.
- Who owns the creation made using AI tools? For example, if I ask AI to create an image inspired by the Minions, am I likely to receive a lawsuit from Universal for copyright infringement? Quite possibly.
- Can AI tools confer any rights to users over the creation? Assuming there are any rights regarding the AI-created output, various services with different terms of use grant users rights over the creation, usually in paid premium services. However, courts will need to examine if these service providers can contractually grant rights over a creation that may be based on content protected by copyright.
Not Just Copyright…
While many open questions exist regarding AI and copyright, other clear laws can address potential infringements in AI-created outputs. For example, if I use a private person’s image without their permission as part of an AI-created work, privacy laws will intervene. If I place Nike’s trademark on shoes created by AI, I might infringe on the company’s trademark.
What Should You Pay Attention To When Using AI?
We are in the early stages of developing copyright laws concerning AI, and there’s a lot of uncertainty. However, some things are already clear:
-
Images
– You created an amazing image with AI for your Facebook campaign. But wait, is that Spider-Man in the background? Or maybe a Nike logo on the shoes? Even if you didn’t explicitly ask for it, AI can incorporate copyrighted elements or trademarks. The result? A letter from Marvel or Nike’s attorney.
-
Videos
– Thinking of creating an AI-powered commercial? Great! But be aware that many AI tools use “inspiration” from existing videos. What if your video contains a second of a scene from “The Avengers”? Or worse, includes background music without a license? This is a problem. Rights holders don’t compromise on their rights, and it’s best to avoid legal disputes with major companies.
-
Choosing the Right AI Tools
– Not all AI tools are created equal. Before you start, check the terms of use. Some AI tools are trained on licensed content, meaning the AI-generated content can be used commercially. This makes the content you create legally safer. The conclusion: always read the small print!
-
Using Public Domain Works or Your Creations
– Need to create an image for your campaign but lack photography skills? Use AI tools to enhance an image you created. Need a background image for your animation? Use websites that provide public domain content that allows commercial use. This way, you get a winning combination: original and legal content enhanced with AI tools.
-
Documentation
– The usage licenses and terms of use of different AI tools are updated from time to time. To reduce future uncertainty, it’s crucial to maintain proper documentation of all content created by AI and the appropriate licenses. This way, you can prove, if necessary, that the content you used was legal and did not infringe on copyrights.
AI tools are powerful for e-commerce sellers, but with power comes responsibility. Wise choices of AI tools and content sources will ensure that your business’s marketing is not only stunning but also legal. Remember, investing a little time in choosing the right tools can save you a lot of money and headaches dealing with the legal departments of major companies in the future. In e-commerce, creativity is important, but compliance with the law is essential.
If you have any questions or concerns about the content you create with the help of AI and your legal protection regarding intellectual property, please contact us. We will be happy to assist you.
