Companies using generative AI (such as DALL-E or ChatGPT) for marketing purposes must be aware of the current copyright issues surrounding generative AI. Adopting the following best practices can help protect companies from legal issues arising from their use of generative AI in marketing:
1. Double-check all generative AI content created to ensure it is not infringing upon any copyright-protected works.
2. Clearly state that all generative AI content is done so under the company’s right of fair use or other applicable copyright laws.
3. Consider whether to register for any copyright protections for any generative AI content, and obtain legal advice when necessary.
4. Monitor the generative AI content for any activity that could be argued to be a copyright infringement.
5. Give credit where due when using generative AI content, even if it is under a fair use defense and even if not legally required.
6. Have processes and safeguards in place to ensure that third-party generative AI content is not used.
