Artificial Intelligence (AI) Generated Content & Copyright Laws

As an entrepreneur,  you're always on the lookout for ways to stay ahead of the curve and grow your business. With the rise of Artificial Intelligence, it's becoming more and more tempting to use online tools and programs to generate content for your brand. But, before you jump on the AI bandwagon, let's talk about the legal implications.

How can you use AI content legally? Do you need a licensing agreement? Can you copyright AI-generated text and pictures? These are the burning questions we'll be tackling in Episode 154 of The Legal Paige Podcast. 

What IS AI-Generated Content?

AI-generated content is content that is created using machine learning algorithms, without any direct human input. AI can generate text, images, videos, and even entire websites. For small business owners, AI-generated content can be a game-changer because it can save time and resources. Instead of spending hours creating social media posts, blog content, or product descriptions, business owners can use AI tools and programs to generate content quickly and efficiently. AI-generated content can also help businesses create more personalized content for their audience, which can lead to better engagement and conversions. However, it's important to be aware of the legal implications of using AI-generated content to avoid any legal issues down the road which is the main purpose of this episode.

Can My Business Own AI-Generated Content? Is It Copyrightable?

The answer to this question depends on the specific circumstances of your business and the content that has been generated. In general, businesses can own AI-generated content if they have a license agreement in place with the AI technology provider that grants ownership rights. However, it's important to note that the copyrightability of AI-generated content is a gray area in the legal landscape. In the United States, the Copyright Office has stated that it will only register works created by a human author, which could exclude AI-generated content from copyright protection. 

However, there is ongoing debate about this issue, and some legal experts believe that AI-generated content should be eligible for copyright protection. All in all, right now as I record this episode in March 2023, it is possible for businesses to own AI-generated content, and it may be eligible for copyright protection. However, it's important to note that the level of involvement of AI in creating the content must be carefully considered. To be eligible for copyright protection, the majority of the work must be created by a human author, with AI only playing a supportive or supplemental role. This can be a delicate balancing act, and it's important to be in the know to navigate the legal implications of owning and protecting AI-generated content for your business. 

What Do I Absolutely Need To Know Regarding The Legalities of Using AI?

Simply put: DISCLOSE WHEN YOU ARE USING AI. When you use AI toward any commercial endeavor, you absolutely should let consumers and the public know AI contributed! Otherwise, you can be at risk of a software company claiming copyright infringement or consumers claiming misrepresentation. This type of disclaimer and notice requirement is also coming straight from the highest government offices, like the U.S. Copyright Office. 

TLP’s suggestion is to do two key things:

1. Put a disclaimer within your Website Terms & Conditions if you are utilizing AI to create any type of content you are posting on your website. That means if you use AI to write the copy on your website, write blog posts, create stock images, etc. you absolutely should be disclosing that to users. 

2. Put a clause in your client contract if you are utilizing AI in any way for the services you are providing. For example, if you use AI to batch edit your client’s photos, you will want to disclose that to the client. If you utilize ChatGPT to help write social media captions for your social media clients, you’ll want to disclose that. If you’re a copywriter who uses AI to create titles or hooks, you’ll want to disclose that. This is also the most ethical way to approach the use of AI right now because of consumer unawareness until it becomes more mainstream in society. 

MORE FROM THIS EPISODE

Press play on Episode 154 and learn more about Artificial Intelligence (AI), how to legally use AI as a small business owner, common misconceptions business owners have about AI, whether you need a license to use works that leveraged AI, and so much more. 

If you want more helpful business advice as you’ll hear on the podcast, be sure to join The Legal Paige Facebook Community where thousands of entrepreneurs just like you are getting real-time answers about running a professionally and legally legit business.