Episode 397

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AI-generated content is rapidly finding its way into professional spaces and changing the way we work forever. This fact is especially important for creative agencies that are quickly realizing there could be legal implications for using AI to create work proposals, creative IPs, legal documents, and more.

And like most legal questions, the answer to “Can I use AI to generate work for clients?” is, “It depends.” We’re in such a gray area with AI right now that the legal system hasn’t had a chance to catch up to technological advances. So how do agencies protect themselves, their workers, clients, and their IP when everything is so up in the air right now?

Sharon Toerek has some common sense advice for approaching AI in the workplace to avoid a potential legal nightmare. In this episode, we’ll cover human-generated vs. AI-generated content, the gray areas we need to look out for when using AI, how to protect client and agency copyrights, how to avoid infringing other copyrighted content, and so much more.

AI-generated content is an incredibly important and ever-changing topic. And if you’re an agency owner, this needs to be addressed in your agency today.

A big thank you to our podcast’s presenting sponsor, White Label IQ. They’re an amazing resource for agencies who want to outsource their design, dev, or PPC work at wholesale prices. Check out their special offer (10 free hours!) for podcast listeners here.

ai-generated content

What You Will Learn in This Episode:

  • The top 3 questions lawyers are receiving about AI
  • Having conversations with clients about the use of AI-generated content
  • The gray area between AI-generated and human-generated content
  • The ownability of AI-generated output
  • Creating documentation about implementing AI tools in a typical workflow
  • Including AI prompt strategies in trade secrets documentation
  • Can we protect the data we’re inputting into the collective that is AI?
  • Addressing the use of AI in SOWs
  • Should we use AI tools to create legal documents?

“I have always said that technology leads business and sort of runs behind it with its sneakers on, and then here come us lawyers sweeping up the mess behind all of that.” @SharonToerek Click To Tweet
“Anything generated from an AI tool, according to the copyright office right now, is not ownable in terms of copyright. Only human-generated content is entitled to copyright protection.” @SharonToerek Click To Tweet
“One of the central hallmark questions to consider between agency and client is: how ownable does anyone care about the work product being?” @SharonToerek Click To Tweet
“Always include attribution if you're going to use an AI-generated image or graphic so that the viewer is very clear on the fact that a machine generated this.” @SharonToerek Click To Tweet
“I think there's opportunity to look at your prompt strategies and the uniqueness thereof and protect them under the theory of trade secrets because they're not copyrightable.” @SharonToerek Click To Tweet

Ways to contact Sharon: