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ARTICLE · 17 AUGUST 2023

How Brands Can Identify And Mitigate AI-Related Risks In Advertising Campaigns

Cowan, Liebowitz & Latman, PC
Cowan, Liebowitz & Latman, PC
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Cowan, Liebowitz & Latman, PC

Cowan, Liebowitz & Latman, PC

Cowan, Liebowitz & Latman (CLL) is recognized worldwide as a leading intellectual property law and...

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Brand owners rely on their advertising and media buying agencies for content creation, brand analysis, and marketing strategy.

United StatesMedia, Telecoms, IT, Entertainment
Kyle-Beth Hilfer
Kyle-Beth Hilfer
John S. Miranda
John S. Miranda

Brand owners rely on their advertising and media buying agencies for content creation, brand analysis, and marketing strategy. These agencies have been quick to take advantage of theArtificial Intelligence ("AI")revolution. The utilization of AI can help agencies work more efficiently, and possibly even create higher quality deliverables for their brand clients.

At the same time, agency use of this novel technology may create significant legal and quality-control risks for the advertisers. Accordingly, brands will need to consider how their contracted agencies are using AI to create and implement campaigns and media purchases.

ANA Suggested Contract Provision

In June 2023, the Association of National Advertisers("ANA")released a new version of itsMaster Media Buying Services Template Agreement.This latest template, the first update since 2018, includes a suggested provision that requires a media buying agency to disclose its use of AI when supplying media

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