AI generated content is a fast-evolving trend that many of us have already been exposed to. 

The use of AI can be as simple as asking it to create an itinerary for your holiday or be as complex as assisting businesses in creating marketing content such as social media posts and advertisements. But this new and innovative technology also carries some legal risks that many are not aware of. 

Generative AI programs such as ChatGPT, create content by scanning available information and databases on the internet. This information is then taken to create content that matches the user’s request. The problem with this is that the output is either heavily inspired by, or may even be an identical copy of already existing content. 

This becomes even more tricky when businesses go as far as using AI to generate entire works of IP such as logos and brand names. In a worst-case scenario, the use of this AI generated content or work can potentially expose the user to a claim for IP infringement.  

AI generative programs also have a reputation of not always citing the source material that influenced the content or work created. The average AI user therefore finds themselves in a situation where they are unlikely to be able to verify what information (and potential pre-existing IP right) was used to create the requested content or work. This means that users may end up using content or work that is infringing on another’s earlier IP rights without even knowing it. 

So how do businesses ensure that they are protected from IP infringement claims? The simple answer would be not to use any form of AI generated content. However, in this fast-paced digital world, where almost every business is taking advantage of AI already, this is not necessarily an option. Frustratingly, due to the technology still being so new, the law also does not currently give a clear answer on how this issue should be tackled. 

The current advice is therefore to use AI generated content with caution. If businesses want to make use of the benefits of AI generated content or work, it is advisable to try and limit their risk of exposure to IP infringement claims and other issues such as data protection violations. One thing to consider is to implement clear guidelines on how employees within the business should engage with AI, which can include warnings not to input any sensitive or confidential information, and a careful review of any AI generated content before it is published. 

However, since the IP world can be difficult to navigate, it is also recommended to reach out to IP professionals, especially when considering using AI generated works such as logos and brand names.  IP professionals will be able to perform any necessary checks to ensure that the relevant branding is free to use and avoid unnecessary infringement actions. 

In summary, it is important for businesses to understand the risks that come with using AI generated content and ensure that they protect themselves from potential legal issues. For further information, please contact us at boult@boult.com.