This article first appeared in Forbes Business Council.
It's hard to resist the siren call of artificial intelligence (AI) to do the heavy lifting of marketing, especially for small businesses where labor costs are soaring. If AI can create content in minutes, build brands, slogans, headlines and more, why hire a human who wants to work from home and demands more from employers?
AI-powered tools enable even the smallest enterprises to develop sophisticated, targeted campaigns that once required significant resources. From content creation to customer segmentation, AI streamlines processes, enhances efficiency and improves outcomes. However, as with any transformative technology, using AI in marketing raises critical intellectual property (IP) issues that small-business owners need to understand and address.
There are costs to that shortcut that you may not be considering. Platforms such as ChatGPT, Canva and Midjourney allow businesses to generate compelling copy, design visuals and tailor content to specific audiences. While these tools ease access to professional-grade marketing assets, they also introduce complexities in ownership and IP rights.
Off Strategy
Without proper direction or prompts (much like with a human employee), the output may not align with your goals and objectives. AI is limited to its model and inputs; it can't think creatively or strategically for you. If you're not solid on your business strategy, goals, objectives, metrics and the like, you may want to consider hiring a professional to help develop a solid plan. Once you know your strategy, AI can help expedite the process, but is it then yours to deploy? Who owns what is created by AI?
Ownership Of AI-Generated Content
When you use an AI platform to generate an advertisement or social media post, the platform's terms of service often dictate the ownership. Many AI providers retain broad rights to reuse, modify or distribute the content generated on their platforms. Businesses should carefully review user agreements to ensure they understand whether they have exclusive rights to the content and whether the AI provider may use it elsewhere. This means that other small businesses in your industry may end up with similar blog posts, social posts, headlines or brands, diluting the value of what you are creating.
Copyright Protection For AI-Generated Works
Under current copyright laws in many jurisdictions, copyright protection generally applies to works created by human authors. Content generated entirely by AI may not qualify for copyright protection, leaving it vulnerable to replication by competitors.
Infringement Risks
AI tools often rely on vast datasets for training, which can include copyrighted material. If an AI platform generates content that inadvertently incorporates elements of copyrighted works, the business using that content could face legal repercussions. For instance, an AI-generated image or text might unintentionally replicate a copyrighted design or phrase. Businesses should vet AI-generated materials carefully to mitigate these risks.
Trademark Considerations
Small businesses frequently use AI tools to create brand assets, such as logos, slogans or product names. However, AI may generate content similar to existing trademarks, leading to potential disputes. Before using AI-generated assets, businesses should conduct thorough trademark searches to avoid infringing on another entity’s IP. As I’ve written in many books, you must consider the IP implications throughout the entire creation process. Even with humans, it’s critical to assess whether your creativity can be trademarked or inventions patented during the creation process, not as an afterthought.
What's A Small Business To Do?
To navigate these new challenges effectively, small businesses should adopt a proactive approach:
1. Develop your own strategy. You know your business, your vision, your competitors, your budget and your expected return on investment. There are no right or wrong answers to your goals, but until the AI model has more data on your specific business, it can’t create the strategy for you. And, even then, just like human staff, they may not know what’s going on inside your head. As a business owner, your job is to effectively communicate this with your human staff and your AI tools.
2. Use AI for idea generation, but not the final product. AI is incredibly helpful for getting the ball rolling once you know what you want. You don’t have to stare at that blank page; use AI to develop ideas as a baseline. AI is incredibly adept at proofreading and polishing your work. Its ability to refine language choices and serve as an assistant to you is invaluable.
3. Weigh the cost-benefit analysis. As always, weigh the cost-benefit analysis of the shortcut. If it’s just some fluff content on social media, it may not matter. But if you are rebranding or rolling out a new product or service, you may want to invest in a human team to not just develop and create it for you, but to check with a lawyer as to whether it infringes on other rights and can be protected as a valuable asset for you.
AI offers small businesses unprecedented opportunities to create innovative and impactful marketing campaigns. However, the intellectual property implications of using AI tools are significant and demand careful consideration. With informed strategies and expert guidance, small businesses can navigate the complexities of IP in the AI age and thrive in the competitive marketing landscape.