In the first part of this series, we explored the broader legal landscape surrounding Artificial Intelligence (AI). In part two, we’ll dive deeper into two primary legal challenges that are becoming increasingly urgent as AI reshapes industries—accountability and copyright.
As AI continues to transform digital marketing, enabling businesses to automate tasks, personalise content, and optimise customer experiences in ways that were once unimaginable, these issues are rising to the forefront. The more AI takes on decision-making roles, the more crucial it becomes for marketers to address these challenges in order to stay compliant and protect their brand.
1. Accountability: Who’s Responsible When AI Goes Wrong?
AI-driven tools are increasingly making autonomous decisions in digital marketing. Whether it’s targeting ads to specific demographics, creating content, or optimising campaigns in real-time, AI is helping businesses deliver more effective and personalised experiences to consumers. However, when things go wrong—such as when an AI system delivers misleading ads, generates harmful content, or makes biassed decisions—the question of who is responsible becomes a critical issue.
For instance, if an AI-driven ad campaign targets vulnerable consumers with misleading claims, who should be held accountable? Is it the company that implemented the AI tool? The developer who created the algorithm? Or the platform hosting the AI technology?
The complexity arises because AI systems can often make decisions based on data inputs that are not entirely transparent or predictable. This makes it difficult to pinpoint exactly where the responsibility lies when something goes wrong. To mitigate this risk, businesses must establish clear lines of accountability. Whether it’s through developing robust internal guidelines, ensuring transparency in AI decision-making, or working within a legal framework that assigns responsibility, accountability must be built into the AI system from the start.
Possible Solution:
- The Australian Consumer Law (ACL) and the Privacy Act 1988 mean that businesses can still face legal risk, despite there not being a comprehensive national AI regulation in Australia. Businesses should ensure transparency in AI decision-making, establish clear internal guidelines for AI use, and regularly consult with legal experts. Proactively managing AI accountability will help companies stay compliant, build trust with consumers and minimise legal risk.
2. Copyright: Who Owns AI-Generated Content?
Another major legal challenge with AI in digital marketing is copyright. AI tools are increasingly used to generate content—be it social media posts, blog articles, videos, or even ad copy. While these AI systems can save time and resources, they raise an important question: Who owns the content that the AI creates?
In traditional copyright law, ownership is typically granted to the creator—i.e., the person or organisation who made the work. However, when an AI is the creator, the situation becomes more complicated. If an AI tool produces a piece of content, is the company using the AI the owner of the content? Or does ownership fall to the developers who built the tool? In some cases, this could lead to potential copyright infringement if AI-generated content is based on existing works or trained on copyrighted data without proper permissions.
For digital marketers, understanding the legal landscape of AI-generated content ownership is essential to avoid potential infringement claims. It’s important to clearly define in contracts who owns the rights to content created by AI and ensure that AI tools are not inadvertently using copyrighted material without the proper licences.
Possible Solution:
- To avoid copyright issues, businesses should implement clear agreements regarding AI-generated content ownership. Additionally, AI systems should be designed to comply with copyright laws by ensuring that the content they generate doesn’t infringe on existing intellectual property.
Final Thoughts
AI offers incredible opportunities for digital marketers to enhance their strategies, but it also brings new legal complexities. By addressing accountability and copyright concerns early on, you can protect your brand, avoid costly legal battles, and use AI in a responsible, ethical manner.
As AI continues to evolve, it’s essential for marketing agencies and businesses to stay informed about the legal challenges that come with its use. This will help ensure that your AI-powered campaigns remain innovative while staying on the right side of the law.
References :
https://www.kwm.com/global/en/insights/latest-thinking/ai-regulation-is-coming-to-australia-what-you-need-to-know.html
