This raises questions over whether the agency, the client, or an original creator owns the copyright of the final work and whether they have obtained the proper permissions to use the pre-existing content.
Moreover, it is important to ensure that the new work does not violate any intellectual property rights or trademarks of other parties. An example of this would be the recent copyright claim of Zayra of the Dawn where the US Copyright office granted copyright to the book as a whole but not to the individual images in the book, claiming that the artist did not sufficiently produce these images as Generative AI created them.
Another consideration is the impact on data privacy regulations, as Generative AI relies on large amounts of data to generate outputs, which may require consent from individuals or businesses.
Only after understanding and addressing these legal and copyright ramifications, should agencies and clients leverage the benefits of Generative AI in their own marketing campaigns, client deliverables and other public-facing assets.
It is also worth noting that the evolution of acceptable usage and ownership rights of AI-generated content is ever-changing, with countries such as the U.S. and within Europe exploring more formal regulation. This could have significant implications, particularly for agencies who typically transfer content ownership to clients upon payment. Stay alert, as changes in this space are happening fast.