“Let’s say you’ve published a valuable industry report for three consecutive years and in the fourth year decide to produce the report using generative AI. In such a scenario, you have no scope of having a copyright on that new report because it’s been produced without any major human involvement. The same would be true for AI-generated art or software code,” Rispin notes.
Another consideration is using enterprise-level generative AI accounts with the company as the admin and the employees as users. This lets the company control important privacy and information-sharing self employed data settings that decrease legal risk. For example, disabling certain types of information sharing with ChatGPT will decrease the risk of losing valuable intellectual property rights.
Similarly, your AI use policy must ensure marketers disclose they’re using AI-generated content to external audiences. The European Commission considers this a very important aspect of the responsible and ethical use of generative AI. In the US, the AI Disclosure Act of 2023 Bill further cemented this requirement, maintaining any output from AI must include a disclaimer. This legislation tasks the FTC with enforcement.
Social media platforms like Instagram are already implementing ways to inform users of content generated by AI through labels and watermarks. Google’s generative AI tool, Imagen, also now embeds digital watermarks on AI-generated copy and images using SynthID. The technology embeds watermarks directly into image pixels, making them detectable for identification but imperceptible to the human eye. This means labels cannot be altered even with added filters or altered colors.
The growing adoption of AI in marketing is undeniable, as are the potential risks and brand safety concerns that arise in the absence of well-defined guidelines. Use these practical tips to build an effective AI use policy that enables you to strategically and securely harness the benefits of AI tools for smarter workflows and intelligent decision-making.
Learn more about how marketing leaders worldwide are approaching AI and ML to drive business impact.