154: Artificial Intelligence (AI) Generated Content & Copyright Laws

The Legal Paige® Podcast

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.
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.
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.
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. 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 and so much more.
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