AI copyright in focus

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AI is changing the way content is created, but it also raises tricky legal questions.

For example, can marketers claim ownership of AI-generated images?

…And what happens if someone else uses them without permission?

The U.S. Copyright Office has made its stance clear: only content created by humans can be copyrighted.

This means AI-generated materials are not protected.

Copyright law defines an "author" as human, and courts have consistently supported this interpretation.

For example, Stephen Thaler tried to copyright artwork made by his AI system, but the courts rejected it.

In another case, a monkey’s selfie was ruled ineligible for copyright, leaving it in the public domain.

For marketers, this means AI-generated content can’t be copyrighted, and ownership is undefined.

In brief:

Without copyright protections, marketers have no legal way to stop others from using or copying their AI-generated content.

However, most people might not realise the content was created with AI.

A recent survey found that only 11% of respondents could consistently identify AI-generated images.

This might reduce the risk of unauthorised use, but it doesn’t eliminate it entirely.

Using generative AI also comes with other challenges.

Content without copyright protection might seem less trustworthy, and competitors can easily replicate it.

Many AI tools rely on datasets that include unauthorised works, increasing the chance of accidental copyright infringement.

Still, marketers continue to use AI because of its efficiency.

Surveys show that 85% of marketers believe AI content performs as well as or better than content made by humans.

Automation also saves time, with professionals reporting an average of 2.5 hours saved per day.

While lawsuits against end users haven’t occurred, cases like Getty Images suing Stability AI over the unauthorised use of photos highlight the importance of choosing trustworthy AI providers.

Marketers can reduce risks by ensuring their content follows fair use principles or builds on works their company already owns.

Using AI for brainstorming or drafts instead of final pieces can also help avoid legal problems.

AI offers clear benefits, but using it responsibly is key to protecting your brand and reputation.

Yes, we really have a monkey to thank for these laws.

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