Here’s What You Really Need To Know
AI is here. It’s fast, it’s prolific, and it’s rewriting the playbook for marketers…literally. From generating campaign copy to cranking out visuals in minutes, tools like ChatGPT, Midjourney, and Jasper are transforming how we create. But before you put all that AI-generated brilliance out into the market, there’s one big question that should be blinking red on your legal radar:
Is any of this actually protected under copyright law?
Recently, I hosted a webinar on “How to Use AI in Marketing Without Infringement.” If you missed it, here’s the Cliffs notes: the law hasn’t caught up to the tech, and that gap is exactly where risk lives.
So, before you AI anymore of your valuable IP, let’s break down what every marketer needs to understand now, because this isn’t just about legal theory, but protecting your brand.
First, the bad news: the law doesn’t recognize AI as an author
According to U.S. copyright law, a work must have “human authorship” to qualify for protection. That means if your AI tool did all the heavy lifting and you simply hit “publish,” that content isn’t protected. At all.
This was made clear in the Thaler v. Perlmutter case, where a federal judge ruled that AI-generated art, without meaningful human input, cannot be copyrighted. And that legal interpretation is quickly gaining traction globally.
Bottom line: No human input, no protection. And if there’s no copyright protection, anyone can copy, adapt, or profit off your content and there’s very little you can do about it.
Why this matters: misunderstanding the rules can cost you
We’re not just talking about theoretical risks. AI-generated content can expose your organization to real legal consequences if:
- It closely mimics someone else’s protected branding or design language
- The tools you use were trained on copyrighted material, raising IP questions about the output
- You can’t clearly document human involvement in the creative process
And here’s the kicker: if you don’t own the copyright, you also don’t own the exclusive rights. That means your competitors, or anyone, really, can reuse your AI-crafted language, ideas, tagline or visual without a second thought.
What you can do to protect your brand (and your content)
You don’t need to ban AI tools, but you do need to use them like the capable assistants they are, not as your final creative authority. I.e., treat AI as a co-author, not your ghostwriter. Here’s how to stay on the right side of the legal fine line:
1. Get hands-on and document human input
Save your prompts, edits, and decision logs. Think version control with an audit trail. This isn’t just for internal clarity, it’s your proof of authorship.
2. Vet your tools like you’d vet any vendor
Don’t assume “free” equals safe. Use AI platforms that are clear about their data sources and licensing terms. If the tool can’t say where its training data came from, think twice.
3. Build and enforce a real, strategic AI policy
Treat AI as you would any other legal & compliance process. Spell out which tools are approved, who’s reviewing text and visual outputs, and what the rules are for transparency and disclosure. Your policy should evolve as fast as the tech does, if not faster.
4. Label when needed: transparency builds trust
Especially in regulated industries, consider disclosing when content was AI-assisted. Your customers, and regulators will appreciate the honesty.
5. Loop in legal early…and often
Make legal and compliance part of the creative workflow. They can help vet tools, flag risks, and help craft a policy that actually works for your team, and your brand.
An AI-powered future is only powerful if it’s protected
Marketers love speed, and AI plays into that, seamlessly (if not flawlessly). But legal systems move a lot slower, and that lag creates a risk gap that leaves you vulnerable if you don’t plan for it.
So again, make AI your co-pilot, not your creator. Don’t just produce at scale, produce with purpose. Treat AI as your brainstorming buddy, keep humans in the loop, document their role, and you’ll create not just compelling content, but content you can defend. That’s how you build both impact and protection.
Need help setting up an AI policy or reviewing your content workflow for legal risks? Connect with me.
AI FAQs: Navigating AI in Marketing? Your Top Legal Questions Answered
1. What are the 5 Legal Pitfalls to Avoid When Using AI in Your Marketing Strategy?
- Copyright Infringement
- Using AI tools trained on copyrighted data can result in unintended reuse of protected works.
- Trademark Violations
- AI-generated visuals or brand names might mimic existing logos or names, creating confusion and legal exposure.
- Lack of Human Authorship
- Content generated entirely by AI may not qualify for copyright protection—leaving you vulnerable.
- Privacy Violations
- Using personal data without consent in AI-generated campaigns can breach GDPR or CCPA regulations.
- Unclear Licensing from AI Vendors
- Some AI tools don’t grant commercial usage rights. Using them without checking terms could nullify your rights to the content.
2. Why Does Human Involvement Matter?
Because the law says so. U.S. copyright law requires human creativity for legal protection. Courts have made it clear: if a machine created your content without meaningful human contribution, you cannot copyright it. With human input:
- You establish ownership
- You will ensure content aligns with brand standards
- It will help you stay legally compliant
Think of AI as a tool, not an autonomous creator.
3. How Often Should You Audit Your AI-Generated Marketing Content?
It depends on your industry and content volume (and risk tolerance), but here’s a general guide:
- High-risk industries (e.g. healthcare, finance): Weekly or ongoing reviews
- Marketing & branding: Monthly audits to ensure brand consistency and compliance
- General business content: Quarterly spot checks, plus biannual formal reviews
Bonus tip: Keep documentation for every review, version history, notes, and responsible reviewers. A paper trail can be your path to peace of mind.
4. What Should You Include in Your Company’s AI Marketing Policy?
At a minimum, your policy should cover:
- Approved AI tools and use cases
- Human review and approval requirements
- Data privacy and compliance standards (GDPR, CCPA)
- Licensing and attribution guidelines
- Version tracking and content documentation practices
- Legal team collaboration protocols
Pro tip: Host a team workshop to introduce and socialize the policy. It’s more effective than just emailing a PDF, and will likely encourage compliance.
5. Transparency in AI Marketing: Should You Disclose AI-Generated Content?
Yes! if you care about trust, authenticity, and future-proofing your brand.
While disclosure isn’t always legally required (yet), it:
- Builds consumer trust
- Demonstrates ethical responsibility
- Prepares you for emerging regulations
Here are a few ways to disclose using AI:
- Add a simple label (e.g., “AI-assisted”)
- Include notes in your privacy or content policies
- Be upfront in B2B collateral or investor-facing decks