In our fast-paced digital landscape, brands are increasingly turning to AI-generated content to stay relevant and capitalize on trending topics. This approach allows companies to quickly produce visually appealing content in an effort to resonate with their audience. For example, some brands use AI to generate images in the distinctive style of Studio Ghibli, capturing the whimsical and enchanting aesthetic that fans love. However, while the potential benefits seem clear, there are significant legal pitfalls that brands must navigate to avoid copyright infringement.

Leveraging AI for Social Media Content
Generative AI tools like ChatGPT, Midjourney, Gemini, and myriad others have disrupted content creation. Tools such as these enable brands to generate images based on text prompts, making it easier to produce content that is trending. For instance, during major events or viral moments, brands can swiftly create and share relevant visuals, enhancing their engagement and visibility on social media.

The Legal Landscape
Despite the advantages, using AI-generated content may come with legal challenges, particularly concerning copyright laws. Here are some key legal pitfalls brands should be aware of:

• Copyright Infringement: AI models are trained on vast datasets that often include copyrighted images. If an AI-generated image closely resembles or replicates an existing copyrighted work, the brand could face legal action. For example, Getty Images has sued Stability AI, alleging that its AI model infringed on copyrights by using Getty’s images to train the AI.

• Lack of Copyright Protection for AI-Generated Work: Current copyright laws generally require human authorship for a work to be protected. This means that purely AI-generated images may not qualify for protection, leaving brands vulnerable to others using their AI-generated content without permission.

• Legal Gray Areas: Some aspects of using AI-generated images fall into a gray area due to the lack of legal precedent and varying laws across jurisdictions. This uncertainty can complicate compliance and increase the risk of inadvertent infringement.

Best Practices for Brands
To mitigate these risks, brands should adopt the following best practices:

1. Transparency: Clearly disclose when an image is AI-generated. This not only builds trust with the audience but also helps in navigating potential legal issues. It may also be a requirement on some social media platforms.

2. Human Oversight: Incorporate human creativity and oversight in the AI content generation process. This can help in meeting the human authorship requirement and ensure that the final output is unique and compliant with copyright laws.

3. Use Common Sense: Avoid using AI to recreate copyrighted works. For example, do not ask AI to generate visuals that resemble well-known characters or to replicate copyrighted works. This can lead to clear copyright infringement and legal complications.

4. Due Diligence: Conduct thorough checks to ensure that AI-generated images do not infringe on existing copyrights. This may involve using AI tools that provide transparency in their training data and ensuring that any third-party content used is properly licensed.

5. Opt for Premium Versions: Use paid or premium versions of AI tools rather than free tiers. Premium versions often offer better quality, more features, and clearer licensing terms regarding commercial use, which can help mitigate legal risks and ensure compliance.

6. Recognize Unknowns: Understand that generative AI is still a new technology with many unknowns. Seek guidance from your legal team to understand your company’s tolerance for risk, and balance that against your brand’s desire and business need to capitalize on trends.

Conclusion
AI-generated content may offer opportunities for brands to engage with their audience in innovative ways. However, navigating the legal landscape requires careful consideration and proactive measures to avoid infringement accusations. Given that generative AI is still relatively new, there are multiple unknown and evolving aspects in the legal framework. As regulations continue to develop, brands must stay informed and adaptable to ensure compliance. By being transparent, conducting due diligence, incorporating human oversight, and using common sense, brands can minimize risk while leverage AI tech effectively.

Some additional references on this subject: [1]Can You Copyright AI-Generated Images? Here’s What You Need to Know [2] Generative AI and Copyright Law: Current Trends in Litigation and … [3] Seven Key Legal Implications of AI Artwork Copyright Law Ruling: What … [4] The Rise of AI-Generated Content on Social Media: Legal and Ethical …

How can NM+U help? As a global marketing company collaborating with other international brands, we are continually challenged by our clients to stay ahead of trends while navigating a myriad of complexities. Our partners value our mature and cautious approach to legal pitfalls, as well as our tech-savvy strategies, trusting us to help them advance their marketing objectives effectively and responsibly. Contact us to learn how we can help you. 

Note: The information contained in this article is provided for informational purposes only, and should not be construed as legal advice on any subject matter.