AI (Artificial Intelligence) is a thing—no longer an alien concept from a science fiction movie; it’s already out in the wild and changing digital marketing as we know it. Businesses are using AI to reach out to the audience like never before, from personalized ads on Facebook to AI-generated blogs.
AI is certainly not just a passing trend; it’s now a foundational technology shaping the future of social media and content marketing. But, like any technology, AI poses opportunities and challenges — especially regarding potential legal risks such as trademark infringement and content ownership when it comes to organic content, SEO content, and ads content.
Enhancing User Interaction with AI-Driven Functionalities
Perhaps the most impressive way that AI is reshaping social media is through its data analysis capabilities and the ability to produce hyper-targeted marketing strategies. Social-media platforms such as Facebook, Instagram, and LinkedIn are experimenting with AI to target individual users with custom posts, ads, and recommendations. From displaying an ad for a product a consumer has already searched for, to serving them a relevant feed according to their online activity, AI empowers brands to tap into the consumer psyche like never before. When coupled with the sophisticated targeting metrics available on social platforms, this kind of laser focus ensures stronger brand engagement, allowing companies to rise above the din of over-saturated social channels. AI allows companies to get more out of their ad spend, learning both which creative works best and how to target it. AI tools can analyze metrics such as click-through rates, conversions, and behaviors of target audiences in real-time, simplifying the process of campaign optimization. This way, brands can opt for a better ROI while serving the content people are engaging with. AI is a tool and used effectively, it can really help improve ad performance. (But it’s not a panacea; no tool is).
The Use of AI-Generated Content and How it Saves Time & Its Risks
AI is also transforming the content creation process. AI-powered tools can now create blog ideas, draft social media posts, and even design visuals—making things much easier for marketers and saving them time and effort. Programs such as ChatGPT or Canva’s AI tools are able to create drafts and headlines, as well as visual assets, according to what audiences and customers are most likely to engage with. For businesses that cannot allocate extensive time and energy into content creation, AI presents a convenient option for producing consistent content. But AI-generated content isn’t without risks. One of the increasing fears is trademark infringement. AI tools draw on huge data sets to produce content, and sometimes that produces output that unwittingly recreates phrases, logos or other creative elements owned by other companies. Sooner or later, a legal problem comes, and businesses may not even notice that they are using always infringing content. Then there is the grey area of AI ownership of what it creates. Who owns a blog post or ad copy written by an AI tool? This ambiguity may be problematic in a lawsuit.
The Need for Human Oversight
Although AI can simplify and improve marketing processes, it is not a substitute for human oversight! (Has anyone out there seen the movie, 2001? Well, you’re welcome, HAL). AI tools can err and cause legal or reputational harm without proper oversight. An AI-based advertising campaign could serve content to the wrong audience or leverage language that violates a trademark. Likewise, machine-generated posts may miss the subtlety or creativity that connects emotionally with a brand’s audience. It is imperative that humans supervise AI outputs to ensure compliance with the law, promotion of the correct brand, and other ethical deployment of artificial intelligence. Marketing professionals should be mindful of the legal and authenticity pitfalls of AI outputs.
Expertise, Guidance and Support–Overcoming Legal Complexity
We will only see more and more legal challenges emerge as AI becomes more embedded in social media and content marketing. But it’s not all smooth sailing as you have to maneuver through challenges such as trademark infringement, content ownership ambiguities, and misleading advertising practices. This means businesses, or at least their legal teams, should collaborate with experts who understand the technical and legal nuances when considering using AI in digital marketing. AI is transforming how brands connect with audiences and produce content, allowing for unparalleled efficiency and accuracy. But its use raises risks that need human oversight and legal expertise. Only those enterprises which adopt AI — while still carefully managing its use — will thrive as the digital landscape evolves.
