AI and Copyright: Are Your Marketing Assets Legally Protected?

In the age of AI-powered creativity, marketers are moving faster, producing more, and personalizing content at an unprecedented scale. But as we marvel at what tools like ChatGPT, Midjourney, and Jasper can do, a critical question looms:

Is the content you're creating with AI actually protected by law?

I recently hosted a webinar to discuss “How to Use AI in Marketing Without Infringement”.

We warned listeners about the risks of using AI for marketing copy, visuals, or campaign automation—highlighting how this could unknowingly place them in a legal gray area.

Here’s what every modern marketer needs to know.

What the Law Says: AI ≠ Author

U.S. copyright law requires "human authorship" for a work to be protected. That means content generated entirely by AI—without meaningful human contribution—is not eligible for copyright protection.

This became crystal clear in the recent Thaler v. Perlmutter case, where the court ruled that AI-generated art, created without human input, could not be copyrighted. Similar interpretations are taking shape around the world.

👉 Bottom line: If a human didn’t significantly shape the content, the law won’t protect it.

What’s at Stake: Risk of Misuse and Misunderstanding

Using unprotected content can be more than just risky—it can expose your brand to legal claims if:

Your AI content unintentionally mimics another brand’s protected imagery or language
You’re using AI tools that were trained on copyrighted data
You fail to document human input in your creative process

👉 Worse, without copyright, you have no exclusive rights—meaning others can copy, adapt, or monetize your AI-generated content with little recourse.

What You Can Do: Protect Your Brand (and Your Content)

Here are practical steps you can take today to ensure your AI-generated marketing stays both impactful and safe:

1. Involve Humans—Document the Creative Process

Keep a version history showing how human input shaped the AI content
Save prompts, edits, and final decisions as proof of authorship

2. Use Trusted Tools with Clear Licensing Terms

Vet AI vendors for data sourcing and output usage rights
Avoid free tools with vague or unclear terms of service

3. Create and Enforce an AI Marketing Policy

Define acceptable uses of AI tools
Require legal review for campaigns using AI-generated visuals or text

4. Label When Needed—Transparency Builds Trust

Especially in industries with tight regulations, consider disclosing when content is AI-assisted
Consumers value honesty more than perfection

5. Work Closely with Legal

Don’t wait for trouble—collaborate early and often
Your legal team can help vet tools, craft policies, and audit outputs

Final Thought: AI is Your Co-Pilot, Not Your Creator

In the race to embrace AI, it’s easy to overlook a crucial fact: the law hasn’t caught up—and may not for years. But that doesn’t mean marketers should wait on the sidelines.

Treat AI as your co-creator, not a replacement. Infuse every campaign with your unique creativity, strategic thinking, and human judgment—and document that contribution. It’s the key to maximizing both impact and legal protection.

Unsure if your AI use is exposing you to risk?

Let’s talk. The future of marketing is undeniably AI-powered—but its true power lies in being well-protected.

About the Author

Virginie Glaenzer

Fractional Chief Marketing Officer.

Elevate your brand and accelerate growth with a seasoned Fractional CMO with 30+ years of digital transformation expertise, tailored strategies across industries, and a proven record of driving profitability. Virginie leverages her skills to develop and champion a truly inclusive environment where teams thrive and bring their authentic selves to spark innovation and market growth.

Read Virginie's bio.