The increasing adoption of generative artificial intelligence (AI) in marketing is prompting brands to reevaluate their agreements with creators to proactively address potential legal risks associated with AI and copyright issues, thereby circumventing complications related to intellectual property and commercially unusable content. One significant concern arises from the fact that AI-generated content lacks human authorship, which means that images, texts, or videos produced using tools like ChatGPT or Stable Diffusion may not be owned by either the creator or the brand utilizing them. Legal expert Yelena Ambartsumian emphasizes that outputs from generative AI are not eligible for copyright protection. Furthermore, if the AI has been trained on copyrighted material, any content generated could infringe on those rights, exposing brands and influencers to potential legal disputes. In response, many brands are incorporating clauses into influencer contracts that prohibit the use of AI-generated content without prior written consent. Reports indicate that such stipulations have surged by over 30% in new agreements for 2024. Transparency is becoming increasingly vital in influencer marketing, as a PMG study from February 2025 reveals that nearly half of creators employ AI tools for various tasks, yet few disclose how and when these tools are utilized. Consequently, brands are now demanding that creators explicitly state their use of AI tools, detailing how these technologies have influenced the creative process. Common contractual clauses include prohibitions on undisclosed AI usage and requirements for documentation of any AI involvement. As brands face potential liability for copyright violations stemming from AI-generated content, the establishment of clear and updated contracts is essential. In the absence of formal regulations, brands are proactively implementing contractual strategies to mitigate the risks associated with AI and copyright, ensuring that AI usage is transparently declared and managed within their agreements.
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