Source: Mondaq

Mondaq offers an in-depth "Playbook" for the digital advertising industry, specifically focusing on the intersection of artificial intelligence and intellectual property law. A central theme of the article is the increasing legal risk associated with training large language models (LLMs) on copyrighted material without explicit licenses. The piece highlights the ongoing case of Bartz v. Anthropic, where authors and publishers have sued the AI developer for unauthorized use of their literary works. This case is viewed as a bellwether for how the "fair use" doctrine will be applied to the massive datasets required for generative AI training.

The article provides strategic advice for companies engaged in AI transactions and digital marketing. It emphasizes the importance of conducting thorough due diligence on the origin of training data and the need for robust indemnification clauses in contracts with AI vendors. As regulators and courts move toward a more creator-centric view of intellectual property, advertisers are encouraged to seek licensed datasets to mitigate the risk of future copyright infringement claims. The summary notes that the era of "scraping without consequences" is rapidly coming to an end as major publishing houses and individual authors consolidate their legal challenges.

Furthermore, Mondaq discusses the practical steps agencies can take to ensure compliance while still leveraging AI's creative potential. This includes implementing internal governance policies that track the provenance of AI-generated content and ensuring that human creators remain "in the loop" to maintain a clear chain of authorship. By staying ahead of these legal trends, firms can avoid costly litigation and build more sustainable, ethically sound marketing operations. The article concludes that the legal landscape for AI-driven advertising will remain volatile throughout 2025, necessitating a proactive and cautious approach to IP management.