1
00:00:00,558 --> 00:00:14,418
Have you ever asked chat GPT, or as I like to call him "Chatty G", to write your website copy, use Midjourney to create social media images, or had Canva's AI generate a logo, advertisement, or a video.
2
00:00:14,778 --> 00:00:16,908
If so, you are definitely not alone.
3
00:00:17,388 --> 00:00:22,278
AI has become one of the most powerful marketing tools available to business owners.
4
00:00:22,548 --> 00:00:28,728
It saves time, reduces costs, and help people produce content they never would've been able to create themselves.
5
00:00:29,238 --> 00:00:30,828
But here's the problem.
6
00:00:31,818 --> 00:00:45,018
Many businesses are so focused on what artificial intelligence can do that they're not stopping to ask whether they actually have the legal rights to use what it creates, and that's creating a whole new category of intellectual property risk.
7
00:00:45,348 --> 00:00:54,588
Today we are talking about the hidden IP risks of using AI in your marketing and the few simple steps that you can take to protect yourself and your business.
8
00:00:55,278 --> 00:00:57,768
Welcome back to Elise Explains ip.
9
00:00:57,828 --> 00:01:02,028
I am your host Elise Steegstra, IP nerd and commercial lawyer.
10
00:01:02,658 --> 00:01:04,758
AI isn't a copyright lawyer.
11
00:01:05,508 --> 00:01:11,208
A misconception I see is that people assume if an AI tool generates something, they automatically own it.
12
00:01:11,598 --> 00:01:13,788
Unfortunately, it isn't that simple.
13
00:01:14,268 --> 00:01:17,478
Different AI platforms have different terms of service.
14
00:01:17,658 --> 00:01:27,978
Some grant broad commercial rights, others impose conditions, some reserve rights to use your prompts or outputs for training their models and some don't.
15
00:01:28,578 --> 00:01:38,268
If you are using AI to produce content for your business, understanding the licence terms is every bit as important as reading the licence for a stock photography.
16
00:01:38,868 --> 00:01:45,198
Ignoring those terms can leave you using material in ways you never intended or never had permission to do.
17
00:01:45,198 --> 00:01:53,988
So ownership is becoming one of the most interesting legal questions in intellectual property In Australia.
18
00:01:54,168 --> 00:01:57,948
Copyright generally protects works created by a human author.
19
00:01:58,548 --> 00:02:03,288
Purely AI generated material may not qualify for copyright protection at all.
20
00:02:04,368 --> 00:02:13,728
That means while you may have permission under the AI's platform's licence to use the content commercially, you might not actually own exclusive copyright in it.
21
00:02:13,728 --> 00:02:15,378
Think about that for a moment.
22
00:02:15,378 --> 00:02:27,168
You could spend months building your marketing and campaigns around AI generated images or articles only to discover that you have very limited legal rights to stop competitors from copying them.
23
00:02:28,008 --> 00:02:30,678
That isn't a problem many businesses expect.
24
00:02:31,608 --> 00:02:34,668
Another issue is where the AI learned its skills.
25
00:02:35,118 --> 00:02:43,758
Most generative AI systems have been trained on enormous data sets, containing books, artwork, photographs, websites, music, and other creative works.
26
00:02:44,758 --> 00:02:51,868
Around the world there are still numerous courts cases testing whether those training methods infringe copyright.
27
00:02:52,318 --> 00:02:57,658
We talked about this a little bit in episode eight in relation to Getty Images and stability ai.
28
00:02:58,198 --> 00:03:03,898
Now, that doesn't necessarily mean every piece of AI generated content infringes somebody else's rights.
29
00:03:03,898 --> 00:03:11,698
Far from it, but it does mean businesses should appreciate that the legal landscape is still evolving.
30
00:03:12,058 --> 00:03:15,148
Using AI doesn't magically remove copyright risk.
31
00:03:15,928 --> 00:03:19,708
AI can also produce outputs that closely resemble existing works.
32
00:03:19,948 --> 00:03:31,648
Perhaps you've asked it to create a logo similar to "apples", or write an article or a webpage in the style of Nike or design my packaging like to look like Tiffany and Co.
33
00:03:32,248 --> 00:03:34,138
Sometimes AI will politely refuse.
34
00:03:34,438 --> 00:03:35,458
Sometimes it won't.
35
00:03:35,848 --> 00:03:39,928
Sometimes it'll generate something that feels uncomfortably close.
36
00:03:41,278 --> 00:03:45,058
The more closely your prompts imitate another business, the greater the risk.
37
00:03:45,058 --> 00:03:49,108
You are moving from inspiration to into infringement.
38
00:03:49,378 --> 00:03:58,288
Remember, copyright protects the expression trademarks protect brands passing off, and consumer law protects against misleading consumers.
39
00:03:58,858 --> 00:04:01,408
AI doesn't exempt anyone from those laws.
40
00:04:02,488 --> 00:04:05,998
Another risk is using AI to recreate existing content.
41
00:04:06,328 --> 00:04:08,218
And this is becoming increasingly common.
42
00:04:08,848 --> 00:04:21,418
Somebody has uploaded a competitor's brochure, another business's website, perhaps a professional photograph, or a podcast transcript, or maybe an ebook, and ask the AI to rewrite it.
43
00:04:22,828 --> 00:04:28,258
A lot of people assume that because the wording has been changed, everything is fine.
44
00:04:28,528 --> 00:04:29,218
It isn't.
45
00:04:29,398 --> 00:04:37,363
If the rewritten work substantially reproduces the original expression or copies, distinctive creative elements, there may still be copyright issues.
46
00:04:38,223 --> 00:04:40,708
AI is a very sophisticated assistant.
47
00:04:41,068 --> 00:04:42,538
It isn't a legal shield.
48
00:04:43,528 --> 00:04:48,418
AI is also helping businesses create names and logos, which is fantastic.
49
00:04:48,718 --> 00:04:51,358
But here's what AI generally doesn't do.
50
00:04:51,718 --> 00:04:55,228
It doesn't check whether someone else already owns the trademark.
51
00:04:55,558 --> 00:04:59,098
It doesn't tell you whether your new brand is legally registrable.
52
00:05:00,208 --> 00:05:04,048
It doesn't search overseas markets for availability.
53
00:05:04,498 --> 00:05:08,878
It doesn't warn you that your brilliant new name belongs to a multinational company.
54
00:05:09,598 --> 00:05:16,078
I've seen businesses invest thousands into branding before discovering someone else already owns those rights.
55
00:05:16,678 --> 00:05:19,798
Not necessarily AI content, but uh, it happens all the time.
56
00:05:20,158 --> 00:05:21,928
And that's a very expensive mistake.
57
00:05:22,618 --> 00:05:27,658
AI can help create ideas, but it shouldn't replace proper trademark clearance searches.
58
00:05:28,348 --> 00:05:29,338
Here's another risk.
59
00:05:29,428 --> 00:05:41,848
Many businesses paste confidential information into AI platforms without thinking draught contracts, marketing strategies, customer information, product designs, business plans, even financial forecasts.
60
00:05:42,148 --> 00:05:49,468
And while many enterprise AI products now offer stronger privacy protections, not every platform works the same way.
61
00:05:50,038 --> 00:05:53,728
Before uploading confidential information, ask yourself.
62
00:05:54,818 --> 00:06:08,918
Do I actually know what happens to this data? Do I have permission from my client and have I got an appropriate privacy policy? Because if you don't, you may be exposing valuable intellectual property without even realising it.
63
00:06:10,118 --> 00:06:16,178
Another of the biggest emerging risks isn't actually the business owner, it's the team.
64
00:06:16,358 --> 00:06:25,778
Marketing staff are increasingly using AI every day, creating blogs, designing graphics, writing newsletters, producing videos, generating advertisements.
65
00:06:26,048 --> 00:06:43,298
Without an AI policy, businesses often have no visibility over which AI tools are being used, what confidential information is being uploaded, whether licences, permit commercial use, who owns the resulting content, and whether records of prompts and outputs are being retained.
66
00:06:43,808 --> 00:06:52,868
A simple AI policy or a responsible use of AI policy can significantly reduce these risks while still allowing your team to benefit from the technology.
67
00:06:53,288 --> 00:06:58,598
'cause quite frankly, people are gonna keep using ai, so let's make it easier and smoother for them.
68
00:06:58,928 --> 00:07:03,218
So what should businesses do? AI isn't something to fear.
69
00:07:03,338 --> 00:07:05,768
It is an extraordinary productive tool.
70
00:07:07,074 --> 00:07:10,794
But it works best when combined with good intellectual property practises.
71
00:07:11,064 --> 00:07:17,064
So some practical steps include, read the commercial licence terms for the AI tools that you use.
72
00:07:17,574 --> 00:07:21,714
Don't assume AI generated content is automatically protected by copyright.
73
00:07:22,374 --> 00:07:26,244
Avoid asking AI to imitate competitors or famous brands.
74
00:07:26,694 --> 00:07:32,064
Conduct proper trademark searches before adopting AI generated names or logos.
75
00:07:32,544 --> 00:07:39,804
Be cautious about uploading confidential information and implement an AI usage policy for your business.
76
00:07:40,194 --> 00:07:49,944
Keep records of significant prompts or outputs that have been used in commercial projects and have important marketing assets reviewed before major launches.
77
00:07:50,364 --> 00:07:56,004
A little caution early on is much cheaper than trying to fix an infringement dispute later.
78
00:07:56,814 --> 00:08:04,554
AI is changing marketing faster than almost any technology we've seen, but intellectual property law hasn't disappeared.
79
00:08:04,944 --> 00:08:07,374
If anything, it's become even more important.
80
00:08:08,004 --> 00:08:12,534
Businesses that use AI successfully won't be the ones generating the most content.
81
00:08:12,864 --> 00:08:19,944
They'll be the ones combining AI with smart legal strategy because the goal isn't simply creating more.
82
00:08:20,694 --> 00:08:26,064
It's creating assets your business can safely use, protect, and build value around.
83
00:08:26,814 --> 00:08:29,754
And thanks for listening to Elise Explains ip.
84
00:08:30,264 --> 00:08:44,634
If you'd like to make sure your business is protecting the intellectual property it's creating, whether it's through AI or more traditional means, you can book an IP strategy call through my website, and while you're there, download my free IP audit checklist.
85
00:08:44,784 --> 00:08:55,914
It's a practical guide to help you identify the intellectual property your business already owns, where the risks might be, and what steps you can take to better protect it.
86
00:08:56,484 --> 00:08:58,494
Until next time, thanks for listening.
87
00:09:00,047 --> 00:09:03,527
Thanks for spending time with me on Elise Explains ip.
88
00:09:04,037 --> 00:09:11,927
If you picked up something useful, hit follow, subscribe, leave us a review or send it to a founder friend who could use this information.
89
00:09:12,377 --> 00:09:15,797
And remember, this is general information, not legal advice.
90
00:09:15,857 --> 00:09:22,907
If you do want help with your ip, you can book a strategy call with me at any time via my website, the links in the description.
91
00:09:23,327 --> 00:09:25,877
So until next time, own your own ideas.
00:00:00,558 --> 00:00:14,418
Have you ever asked chat GPT, or as I like to call him "Chatty G", to write your website copy, use Midjourney to create social media images, or had Canva's AI generate a logo, advertisement, or a video.
2
00:00:14,778 --> 00:00:16,908
If so, you are definitely not alone.
3
00:00:17,388 --> 00:00:22,278
AI has become one of the most powerful marketing tools available to business owners.
4
00:00:22,548 --> 00:00:28,728
It saves time, reduces costs, and help people produce content they never would've been able to create themselves.
5
00:00:29,238 --> 00:00:30,828
But here's the problem.
6
00:00:31,818 --> 00:00:45,018
Many businesses are so focused on what artificial intelligence can do that they're not stopping to ask whether they actually have the legal rights to use what it creates, and that's creating a whole new category of intellectual property risk.
7
00:00:45,348 --> 00:00:54,588
Today we are talking about the hidden IP risks of using AI in your marketing and the few simple steps that you can take to protect yourself and your business.
8
00:00:55,278 --> 00:00:57,768
Welcome back to Elise Explains ip.
9
00:00:57,828 --> 00:01:02,028
I am your host Elise Steegstra, IP nerd and commercial lawyer.
10
00:01:02,658 --> 00:01:04,758
AI isn't a copyright lawyer.
11
00:01:05,508 --> 00:01:11,208
A misconception I see is that people assume if an AI tool generates something, they automatically own it.
12
00:01:11,598 --> 00:01:13,788
Unfortunately, it isn't that simple.
13
00:01:14,268 --> 00:01:17,478
Different AI platforms have different terms of service.
14
00:01:17,658 --> 00:01:27,978
Some grant broad commercial rights, others impose conditions, some reserve rights to use your prompts or outputs for training their models and some don't.
15
00:01:28,578 --> 00:01:38,268
If you are using AI to produce content for your business, understanding the licence terms is every bit as important as reading the licence for a stock photography.
16
00:01:38,868 --> 00:01:45,198
Ignoring those terms can leave you using material in ways you never intended or never had permission to do.
17
00:01:45,198 --> 00:01:53,988
So ownership is becoming one of the most interesting legal questions in intellectual property In Australia.
18
00:01:54,168 --> 00:01:57,948
Copyright generally protects works created by a human author.
19
00:01:58,548 --> 00:02:03,288
Purely AI generated material may not qualify for copyright protection at all.
20
00:02:04,368 --> 00:02:13,728
That means while you may have permission under the AI's platform's licence to use the content commercially, you might not actually own exclusive copyright in it.
21
00:02:13,728 --> 00:02:15,378
Think about that for a moment.
22
00:02:15,378 --> 00:02:27,168
You could spend months building your marketing and campaigns around AI generated images or articles only to discover that you have very limited legal rights to stop competitors from copying them.
23
00:02:28,008 --> 00:02:30,678
That isn't a problem many businesses expect.
24
00:02:31,608 --> 00:02:34,668
Another issue is where the AI learned its skills.
25
00:02:35,118 --> 00:02:43,758
Most generative AI systems have been trained on enormous data sets, containing books, artwork, photographs, websites, music, and other creative works.
26
00:02:44,758 --> 00:02:51,868
Around the world there are still numerous courts cases testing whether those training methods infringe copyright.
27
00:02:52,318 --> 00:02:57,658
We talked about this a little bit in episode eight in relation to Getty Images and stability ai.
28
00:02:58,198 --> 00:03:03,898
Now, that doesn't necessarily mean every piece of AI generated content infringes somebody else's rights.
29
00:03:03,898 --> 00:03:11,698
Far from it, but it does mean businesses should appreciate that the legal landscape is still evolving.
30
00:03:12,058 --> 00:03:15,148
Using AI doesn't magically remove copyright risk.
31
00:03:15,928 --> 00:03:19,708
AI can also produce outputs that closely resemble existing works.
32
00:03:19,948 --> 00:03:31,648
Perhaps you've asked it to create a logo similar to "apples", or write an article or a webpage in the style of Nike or design my packaging like to look like Tiffany and Co.
33
00:03:32,248 --> 00:03:34,138
Sometimes AI will politely refuse.
34
00:03:34,438 --> 00:03:35,458
Sometimes it won't.
35
00:03:35,848 --> 00:03:39,928
Sometimes it'll generate something that feels uncomfortably close.
36
00:03:41,278 --> 00:03:45,058
The more closely your prompts imitate another business, the greater the risk.
37
00:03:45,058 --> 00:03:49,108
You are moving from inspiration to into infringement.
38
00:03:49,378 --> 00:03:58,288
Remember, copyright protects the expression trademarks protect brands passing off, and consumer law protects against misleading consumers.
39
00:03:58,858 --> 00:04:01,408
AI doesn't exempt anyone from those laws.
40
00:04:02,488 --> 00:04:05,998
Another risk is using AI to recreate existing content.
41
00:04:06,328 --> 00:04:08,218
And this is becoming increasingly common.
42
00:04:08,848 --> 00:04:21,418
Somebody has uploaded a competitor's brochure, another business's website, perhaps a professional photograph, or a podcast transcript, or maybe an ebook, and ask the AI to rewrite it.
43
00:04:22,828 --> 00:04:28,258
A lot of people assume that because the wording has been changed, everything is fine.
44
00:04:28,528 --> 00:04:29,218
It isn't.
45
00:04:29,398 --> 00:04:37,363
If the rewritten work substantially reproduces the original expression or copies, distinctive creative elements, there may still be copyright issues.
46
00:04:38,223 --> 00:04:40,708
AI is a very sophisticated assistant.
47
00:04:41,068 --> 00:04:42,538
It isn't a legal shield.
48
00:04:43,528 --> 00:04:48,418
AI is also helping businesses create names and logos, which is fantastic.
49
00:04:48,718 --> 00:04:51,358
But here's what AI generally doesn't do.
50
00:04:51,718 --> 00:04:55,228
It doesn't check whether someone else already owns the trademark.
51
00:04:55,558 --> 00:04:59,098
It doesn't tell you whether your new brand is legally registrable.
52
00:05:00,208 --> 00:05:04,048
It doesn't search overseas markets for availability.
53
00:05:04,498 --> 00:05:08,878
It doesn't warn you that your brilliant new name belongs to a multinational company.
54
00:05:09,598 --> 00:05:16,078
I've seen businesses invest thousands into branding before discovering someone else already owns those rights.
55
00:05:16,678 --> 00:05:19,798
Not necessarily AI content, but uh, it happens all the time.
56
00:05:20,158 --> 00:05:21,928
And that's a very expensive mistake.
57
00:05:22,618 --> 00:05:27,658
AI can help create ideas, but it shouldn't replace proper trademark clearance searches.
58
00:05:28,348 --> 00:05:29,338
Here's another risk.
59
00:05:29,428 --> 00:05:41,848
Many businesses paste confidential information into AI platforms without thinking draught contracts, marketing strategies, customer information, product designs, business plans, even financial forecasts.
60
00:05:42,148 --> 00:05:49,468
And while many enterprise AI products now offer stronger privacy protections, not every platform works the same way.
61
00:05:50,038 --> 00:05:53,728
Before uploading confidential information, ask yourself.
62
00:05:54,818 --> 00:06:08,918
Do I actually know what happens to this data? Do I have permission from my client and have I got an appropriate privacy policy? Because if you don't, you may be exposing valuable intellectual property without even realising it.
63
00:06:10,118 --> 00:06:16,178
Another of the biggest emerging risks isn't actually the business owner, it's the team.
64
00:06:16,358 --> 00:06:25,778
Marketing staff are increasingly using AI every day, creating blogs, designing graphics, writing newsletters, producing videos, generating advertisements.
65
00:06:26,048 --> 00:06:43,298
Without an AI policy, businesses often have no visibility over which AI tools are being used, what confidential information is being uploaded, whether licences, permit commercial use, who owns the resulting content, and whether records of prompts and outputs are being retained.
66
00:06:43,808 --> 00:06:52,868
A simple AI policy or a responsible use of AI policy can significantly reduce these risks while still allowing your team to benefit from the technology.
67
00:06:53,288 --> 00:06:58,598
'cause quite frankly, people are gonna keep using ai, so let's make it easier and smoother for them.
68
00:06:58,928 --> 00:07:03,218
So what should businesses do? AI isn't something to fear.
69
00:07:03,338 --> 00:07:05,768
It is an extraordinary productive tool.
70
00:07:07,074 --> 00:07:10,794
But it works best when combined with good intellectual property practises.
71
00:07:11,064 --> 00:07:17,064
So some practical steps include, read the commercial licence terms for the AI tools that you use.
72
00:07:17,574 --> 00:07:21,714
Don't assume AI generated content is automatically protected by copyright.
73
00:07:22,374 --> 00:07:26,244
Avoid asking AI to imitate competitors or famous brands.
74
00:07:26,694 --> 00:07:32,064
Conduct proper trademark searches before adopting AI generated names or logos.
75
00:07:32,544 --> 00:07:39,804
Be cautious about uploading confidential information and implement an AI usage policy for your business.
76
00:07:40,194 --> 00:07:49,944
Keep records of significant prompts or outputs that have been used in commercial projects and have important marketing assets reviewed before major launches.
77
00:07:50,364 --> 00:07:56,004
A little caution early on is much cheaper than trying to fix an infringement dispute later.
78
00:07:56,814 --> 00:08:04,554
AI is changing marketing faster than almost any technology we've seen, but intellectual property law hasn't disappeared.
79
00:08:04,944 --> 00:08:07,374
If anything, it's become even more important.
80
00:08:08,004 --> 00:08:12,534
Businesses that use AI successfully won't be the ones generating the most content.
81
00:08:12,864 --> 00:08:19,944
They'll be the ones combining AI with smart legal strategy because the goal isn't simply creating more.
82
00:08:20,694 --> 00:08:26,064
It's creating assets your business can safely use, protect, and build value around.
83
00:08:26,814 --> 00:08:29,754
And thanks for listening to Elise Explains ip.
84
00:08:30,264 --> 00:08:44,634
If you'd like to make sure your business is protecting the intellectual property it's creating, whether it's through AI or more traditional means, you can book an IP strategy call through my website, and while you're there, download my free IP audit checklist.
85
00:08:44,784 --> 00:08:55,914
It's a practical guide to help you identify the intellectual property your business already owns, where the risks might be, and what steps you can take to better protect it.
86
00:08:56,484 --> 00:08:58,494
Until next time, thanks for listening.
87
00:09:00,047 --> 00:09:03,527
Thanks for spending time with me on Elise Explains ip.
88
00:09:04,037 --> 00:09:11,927
If you picked up something useful, hit follow, subscribe, leave us a review or send it to a founder friend who could use this information.
89
00:09:12,377 --> 00:09:15,797
And remember, this is general information, not legal advice.
90
00:09:15,857 --> 00:09:22,907
If you do want help with your ip, you can book a strategy call with me at any time via my website, the links in the description.
91
00:09:23,327 --> 00:09:25,877
So until next time, own your own ideas.
