The advent of AI, including popular and widely accessible platforms like ChatGPT, has revolutionized the world of content development. Whether you’re looking for some quick copy or some custom graphics, AI can do in mere seconds what would have taken hours, even days in the pre-AI era.
As a tool to enhance (not replace) human creativity, AI can be extraordinarily helpful. Of course, it’s not without its controversies. Anyone interested in using AI for content creation, at least in a commercial or professional setting, must grapple with a long list of ethical and legal concerns.
It’s important to take these issues seriously, not only to avoid legal peril but to sidestep reputational damage, as well. In addition to basic awareness, content creators should also know about some of the legal tools available to help mediate their AI-era risk.
What are Some of the Ethical Issues Related to AI Content Creation?
To begin with, let’s consider some of the primary ethical challenges that AI-driven content creation brings to the fore. Running afoul of these ethical lines may or may not result in a legal challenge, but it can certainly cause damage to your professional reputation.
Plagiarism and Originality
First and foremost is the issue of originality. While it may seem like AI generates content from scratch, the reality is a bit more complex. Keep in mind that AI programs all work in basically the same way, mining the Internet for data, mimicking existing ideas and styles in order to create something “new.”
So where’s the line between using AI to inspire original work and using AI to replicate existing work? For content creators, that’s a blurred line, and a tricky boundary point to be aware of.
Authenticity
Have you ever seen an image posted to the Web that caused you to be genuinely unsure of its authenticity? Sometimes, it’s quite obvious when an image is fake, but in some cases it may not be so clear. For online consumers, it can be difficult to discern real, non-altered images from AI-assisted forgeries.
This presents a major ethical burden for content creators, who must be mindful about transparency. Simply put, audiences should know when they are observing content that was made by an algorithm. Otherwise, you may lose some of your trust as a content creator.
Representation and Bias
Again, remember that AI programs draw from data sets they find on the Internet. There is never any guarantee that those data sets are fair or inclusive when it comes to basic representation. As such, it’s very common to get AI-driven art or design work that portrays certain types of people at the expense of others.
Ethical content creation required actively addressing and mitigating these biases, striving for diversity and inclusivity at all times.
Misinformation
Another ethical concern for AI-driven content creation is the spread of misinformation. This is linked to the comment we made above concerning authenticity.
Simply put, AI can be used to create images (including charts or infographics) that are misleading or even downright false. The responsibility to fact-check and to assess content for veracity falls to content creators, as well as publishers.
What are Some of the Legal Issues Related to AI Content Creation?
In addition to these ethical concerns, there are a number of legal considerations that content creators should keep in mind as they use AI tools and techniques.
Copyright Issues
The issues about plagiarism and originality can be thorny enough on their own; once you get into questions about copyrights and ownership, AI-generated content can be an absolute quagmire.
There is no simple answer to the question of who owns the copyright on AI content: The developer, the user, or whoever provided the input. The complexity of ownership is one of the big legal issues that dogs AI-generated content creation.
Trademarking
A related concern is trademark infringement.
Again, it’s important to remember that AI draws inspiration from information already available on the Web. One consequence of this is that AI tools may inadvertently generate content that looks an awful lot like trademarked material. In some cases, this may result in legal disputes over brand identity and recognition, to say nothing of content ownership.
Data Privacy
Typically, AI systems require pull from vast data sets, which are usually sourced from the Web. This may mean they’re pulling from public or proprietary content. Ultimately, this could make content creators face online privacy concerns.
Adherence to data protection laws (such as GDPR legislation in the European Union) is essential for sidestepping unauthorized use of personal and confidential data.
Defamation
Still another legal concern that content creators need to reckon with is defamation. AI-generated content may inadvertently present real people in an unflattering light, leading to claims of defamation. These claims may be lodged on behalf of an individual or a broader organization.
Depending on circumstance and jurisdiction, legal liability for these claims may fall to the content creator or to the AI platform itself. Again, there are some tricky legal considerations that content creators should at the very least be familiar with.
Licensing and Usage
One final legal pothole that AI-driven content creation may veer into: Licensing and usage. Simply put, anyone who’s using AI tools to generate content needs to have a clear understanding of their rights and responsibilities, including limits on how their content can be used in commercial settings.
For content creators, it’s always crucial to remain up-to-speed on licensing and usage terms, no matter which AI platform they’re using.
How Can Content Creators Shield Themselves from Legal Liability?
By now it should be clear that, even for the most attentive content creators, troubling legal issues can arise as a result of AI usage. This doesn’t mean content creators should avoid AI tools altogether. It simply means they should take advantage of all the legal tools available to help them mediate legal risk. And one of the most significant tools is the Limited Liability Company (LLC) formulation.
What is an LLC?
What is an LLC, exactly? To understand what it is and how it benefits content creators, it’s first necessary to understand the broader legal context. Be aware that when you start generating income through self-employed activity, the government automatically considers you to be a Sole Proprietor. This means you make your own business decisions, and are on the hook both for all business profits and all business liabilities.
By establishing an LLC, however, you can actually establish your business as its own legal entity, allowing you to keep personal assets and liabilities separate from your professional ones. But can you file LLC taxes separate from personal taxes? The answer is yes; LLCs can provide that flexibility.
Why Choose the LLC?
What this means, in a nutshell, is that you can significantly limit your own legal liability. If your business gets hit with a lawsuit, even one stemming from AI-related issues, you can rest assured that your personal savings and family nest egg are safe and secure. Only your business assets may be in danger. This allows you to make smart investments in the business, knowing that there is a limit to your personal risk exposure.
And that’s to say nothing of other LLC benefits, such as pass-through taxation, ease of transfer, and more.
What are the Steps for Forming an LLC?
The actual steps for forming an LLC can vary from one state to the next, but generally go something like this:
First, you’ll need to choose which state you’re registering in. Usually, this just means registering in the state where you’ve set up your business.
Every LLC is required to have a person or organization tasked with receiving legal correspondence, including tax documents. This is called your Registered Agent. Your Agent must have a physical mailing address in the same state where you register.
You will also be required to file a document known as Articles of Organization with your state. You can find out more by checking with your Secretary of State, or a website like LegalZoom. See also: LegalZoom reviews for LLC formation.
When you file your paperwork, you will also need to pay your state’s filing fee. This may be anywhere from $20 to $300, depending on the state where you’re registering.
While it is not legally necessary, it may be wise to create an Operating Agreement, which helps you define any agreements you make with business partners (current or future).
Filing for an EIN from the IRS is also important.
Protect Your Content Creation Efforts from Undue Legal Peril
AI can be an incredible resource. It also presents a host of ethical and legal concerns. For content creators, it’s essential to be aware of all these issues, and to use tools like the LLC to help mediate risk. Use the guidelines offered here as a jumping-off point for your own risk management efforts.
Author Bio
Amanda E. Clark is a contributing writer to LLC University. She has appeared as a subject matter expert on panels about content creation and social media marketing, as well as small business ownership.