What Lawyers Want Your Marketing Team To Know About AI

Anyone who has been following the explosive growth of generative artificial intelligence (AI) tools knows that there are a wide variety of AI tools available for general public use.

For professional marketers who want to use these tools to generate ideas, images, social media posts or otherwise expedite the process of developing client output, it is important to be mindful of the legal risks associated with the use of AI tools. At a high level, there are four legal risks to keep top-of-mind when using AI in marketing.

Intellectual property and privacy risks

• Ownership of generated content: The content you generate using AI may not be owned by you, your company or your clients. This is because Canadian copyright law protects "original works of authorship," which means the content must be a product of the creator's "skill and judgment." There is an ongoing legal debate about whether the prompts used to generate AI content meet this criterion.