#77 - Navigating AI and IP and How To Stay Out Of Trouble

Welcome to the Ad Nerds Podcast, the ultimate resource for anyone invested in the world of advertising. Hosted by Spanky Moskowitz, a nearly 40-year veteran in the industry, this episode dives deep into the complex world of AI and intellectual property. Special guest and IP attorney James Smedley joins Spanky to discuss the legal intricacies of using AI in advertising. From who owns the content created by AI to the potential pitfalls small businesses might face, this episode provides valuable insights and practical advice. Whether you're a seasoned advertiser or just starting out, the Ad Nerds Podcast is your go-to source for the latest trends and expert guidance in advertising.

Key Moments

00:00 - Introduction

• Spanky Moskowitz introduces the unique format of today's episode, focusing on AI and intellectual property with special guest James Smedley.

01:30 - AI and IP Ownership

• Discussion begins on the ownership of content created using AI tools. James Smedley explains the factors that determine whether the user or the tool creator holds the intellectual property rights.

04:00 - Legal Framework for AI Content

• Detailed analysis of how different types of intellectual property—patents, trademarks, copyrights—are affected by AI-generated content. James emphasizes the importance of understanding platform terms of service.

06:45 - Specific Case: MidJourney Example

• Spanky shares a personal example of creating a unique image using MidJourney and questions about IP ownership. James explains the nuances of creativity levels required for copyright protection.

09:30 - Risks for Small Businesses Using AI

• Addressing concerns about small businesses using AI for advertising, including the potential for confidentiality breaches and the importance of checking content for accuracy and alignment with brand messaging.

12:45 - Ethical Considerations and Deceptive Practices

• Discussion on the ethical use of AI-generated imagery in advertising, particularly for sensitive industries such as healthcare and senior living, ensuring truthful representation.

15:00 - Parody and Deepfakes

• Exploration of legal precedents and regulations concerning parody and deepfakes, highlighting the balance between creative freedom and legal restrictions.

18:30 - Practical Advice for Advertisers

• James provides practical advice for advertisers on how to safely and effectively incorporate AI into their marketing strategies without crossing legal boundaries.

21:00 - SBA Membership Promo

• Spanky introduces the Small Business Advertising Association (SBA) and its benefits, offering big agency expertise at an affordable price to help small businesses succeed.

23:00 - Closing Remarks

• Final thoughts from Spanky and James, including encouragement to subscribe, rate, and review the podcast on various platforms.

24:00 - Outro

• Spanky wraps up the episode and thanks listeners for tuning in.