Articial Intelligence (AI) is emerging as a powerful content creation tool for businesses to augment their creativity. Creators are increasingly leveraging AI to create content and boost their social media presence, raising concerns about authenticity and originality. With AI-generated content becoming more prevalent, Mark Howell - Solicitor, Company Commercial looks at how it is crucial to establish guidelines and best practices to maintain transparency and trust among audiences.
As an increasing number of business owners adopt AI for content creation and promotion of products and services, social media platforms have responded by introducing guidelines to regulate the dissemination of AI-generated content. Recently, YouTube instituted a policy requiring creators to disclose the use of AI in their published content, categorising it into three specific classifications:
- AI-assisted: “Depicting a real person saying or doing something they did not actually say or do”
- AI-generated: “Altering footage from a real event or place”
- AI-rendered: Creating a realistic-looking scene that did not take place”
This move aims to maintain YouTube’s integrity as a content ecosystem. Such content will be categorised by YouTube as “altered or synthetic content”*. The video sharing platform reserves the right to remove videos that fail to comply with these guidelines, with the most severe consequence being expulsion from the YouTube Partner Program.
In addition to the technical regulations imposed by social media platforms on AI content creators, businesses leveraging AI for content development are also impacted by English law in several key areas:
Copyright Ownership
Firstly, businesses should ensure they have appropriate licenses or permissions where AI generated content could be traced back to existing intellectual property. AI-generated content may raise questions about copyright ownership, particularly if the AI system incorporates pre-existing copyrighted material, which is almost certain to be the case given that these systems learn from online material. AI-generated content may also infringe other intellectual property rights, or defame someone, or cause other harm so businesses should check their insurance policies cover potential liabilities.
Data Protection
Secondly, data protection laws, such as the General Data Protection Regulation (GDPR) and The Data Protection Act 2018, both govern the processing of personal data by AI systems. Businesses must comply with strict rules on data collection, processing, and storage, ensuring transparency and obtaining consent when necessary.
Anti-Discrimination
Thirdly, discrimination and bias issues arise if AI algorithms inadvertently perpetuate stereotypes or discriminate against protected groups. Businesses should ensure their AI systems are fair and transparent, complying with anti-discrimination laws.
In summary, businesses using AI for content creation face a complex legal landscape, which requires legal expertise and compliance strategies to mitigate risks and ensure responsible use.
*Disclosure on YouTube is not necessary when the synthetic or AI-generated content is evidently unrealistic or deemed “inconsequential”, such as AI-generated animations or edits like lighting or colour adjustments.
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