The evolving conversation around AI in marketing highlights the need for clear guidelines and transparency in the creative process. Legal experts note that AI-generated content is not copyrightable due to the lack of human authorship, and using AI models trained on copyrighted material poses infringement risks. Brands and agencies are trying to proactively address these issues, with some clients asking for broader prohibitions on AI use. As AI becomes more embedded in content creation, agencies expect more nuanced AI terms and disclosures to become standard practice.
Key takeaways:
- Agencies are updating creator contracts with AI clauses to address brand safety, copyright infringement, and legal concerns as AI use in content creation grows.
- Clients are increasingly requesting contractual clauses to ensure no AI is used in content creation, with a 30% increase in such requests in new advertiser agreements.
- Outputs of generative AI are not copyrightable due to lack of human authorship, posing potential copyright infringement risks if AI models are trained on copyrighted material.
- Brands and agencies are seeking transparency in AI usage throughout the creative process, with some clients requiring disclosure of AI's role from concept to final edit.