Legal and ethical considerations
As with any transformative technology, adopting next-generation AI in marketing comes with its own set of legal and ethical considerations. Organizations must carefully manage issues related to data privacy, copyright infringement, and the potential for biased or misleading content.
Ownership of AI-generated content is a major legal issue. This was highlighted in the DABUS case, where AI-generated content faced uncertainty over copyright protection as AI was not recognised as a legal entity.I The question of who owns the rights to AI-created content remains a gray area, raising significant concerns about ownership and infringement.
For example, the DABUS (Device for the Autonomous Bootstrapping of Unified Sentience) case involved an AI system that generated inventions without human intervention, leading to legal debates over whether an AI could be considered an inventor. The implications of this case extend to marketing, where AI-generated content, such as text, images, and videos, can face similar ownership challenges. Brands and creators may struggle to claim legal ownership of AI-generated works.
To mitigate these risks, organizations must implement strict guidelines, regulations, and disclaimers to ensure responsible use of AI. This includes obtaining permissions for copyrighted content used in training data, avoiding prohibited or sensitive input, and maintaining human control and oversight using explainable AI models.
Additionally, companies should prioritize ethical AI practices to address potential biases in training data and model outputs and ensure transparency and accountability in decision-making processes. By proactively addressing these concerns, companies can harness the power of next-generation AI while minimizing legal and ethical risks to themselves and their customers.
