Navigating the Artificial Intelligence Landscape: Choosing the Right AI Disclaimer for Your Business

Think you need an artificial intelligence (AI) disclaimer but have no idea what it needs to say or which one is necessary for your business? The Legal Paige is here to help!

In this post, let’s compare and contrast three essential AI disclaimer clauses that you may want to add into your client contracts or website T&Cs and help you make an informed decision on which is best suited for your unique business. If you’re harnessing the power of AI as a game-changer for your small business, don’t forget to let people know that while AI platforms or systems may do some of the work, you are still the human behind your business making all the final decisions. Ensuring this transparency with your clients and safeguarding your creative ownership through a disclaimer is extremely important. 

1. AI Disclaimer for Photographers and Videographers

For photographers and videographers, the integration of AI into editing workflows has become increasingly common. If you're a photographer or videographer employing AI tools such as Adobe Photoshop's AI features, or Imagen AI, a disclaimer in your client contract is vital. The key takeaway here is the need to strike a balance between the use of AI intelligence and maintaining artistic ownership. AI can undoubtedly streamline the editing or culling process, saving both time and money. However, a disclaimer is crucial in ensuring that clients comprehend the collaborative nature of the creative process, acknowledging the role of AI as a tool rather than a replacement for you as a human service provider. 

In your client contract, you as a photographer or videographer need to let the client know through this disclaimer that although you are using these platforms to help you edit/cull YOU are still manually doing the final editing review and therefore maintain your copyright rights over the photos and videos. As explained by the U.S. Copyright Office, legally this is imperative to uphold your copyright ownership in all your images and/or videos. The AI Disclaimer for Photographers and Videographers written by The Legal Paige serves a dual purpose – it informs clients about the use of AI in the editing process while firmly establishing your copyright ownership over the final work.

2. AI Disclaimer for Designers, Social Media Managers, Copywriters, or Other Service Providers 

Service providers across various industries are increasingly turning to AI tools like Chat GPT to help increase productivity. AI-driven tools like Chat GPT can facilitate brainstorming and creativity, through creating custom copy for websites, social media ideas, job listings, pdf downloads, etc. However, a service provider like a website designer, social media manager, copywriter, etc. needs to disclaim their use of these programs to serve as a contractual safeguard. 

While using these AI programs can help you upsell, level up your business, and save you loads of time, you need to let clients know that YOU are still the brains behind the operations and are not just relying solely on these programs. This disclaimer reassures clients that the creative output is not only the work of algorithms but a thoughtful collaboration between AI and human professionals. The AI Disclaimer for Designers, Social Media Managers, Copywriters and Other Service Providers is tailored to communicate to clients that while AI may play a supportive role, the majority of the final product is the result of human expertise. Again, this is legally vital in the copyright ownership process to ensure you still own the copyrights to your final works.

3. AI Disclaimer for Website Terms and Conditions

AI can touch not only your day-to-day work, but most small businesses have found that AI can also help with customer experience on their website by leveraging AI for imagery, graphics, text, and audio creation. An AI disclaimer clause within a company’s Website Terms and Conditions acts as a shield, offering protection to small business owners who utilize AI technologies on their websites.

Whether you've edited stock photos using AI or generated website copy with AI assistance or used ChatGPT to help create or write freebies listed on your website, the AI Disclaimer for Website Terms and Conditions is a must-have. Including this clause in your terms and conditions fosters transparency and builds trust with your website visitors, assuring them that your use of AI is ethical and responsible. 

Note: you may need BOTH a disclaimer in your client contract and one on your website! 

As businesses continue to embrace AI, navigating the legal and ethical factors has become essential.

Each of the three AI disclaimer clauses serves a unique purpose, tailored to the nuances of specific industries. When deciding which disclaimer is best for your business, consider the nature of your work, the extent of AI integration into your business, and the level of transparency required with your clients. By utilizing the right disclaimer(s), you not only protect your creative rights but also foster a relationship with your clients built on trust and transparency in the age of AI. 

To learn more about how to use AI in your business, check out these additional resources: 

• How to Leverage Chat GPT as a Creative
• How to Cut Your Editing Time in Half with AI Technology
• Using AI Technology- Here’s why you need a disclosure

THIS BLOG POST IS NOT A SUBSTITUTE FOR LEGAL ADVICE. EVERY SITUATION IS DIFFERENT & IS FACT-SPECIFIC. A proper legal analysis is necessary based on your location and contract. Consult an attorney in your home state for advice regarding your contract or specific legal situation.
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