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Strivenn Thinking
AI Bots: Fast, Cheap, and Copyright Free?
By Matt Wilkinson
Ever since the launch of ChatGPT 3.5, AI has been coming for those of us in the creative industries. It writes, designs, and even strategises. Marketers everywhere are watching AI-generated content flood the internet with a tidal wave of bland marketing at an unprecedented rate.
But there’s a catch to using content that is solely AI-generated - if you want your content to be protected, if you want it to resonate with actual human beings, then you have to keep a human in the loop, to guide, edit, finesse and most importantly of all be creative.
As my marketing hero, Mark Schaefer so brilliantly outlines in his brand new book Audacious – marketers either have to fight back and be audacious or risk being drowned out by the bland.
AI Can't Own Anything
Here’s the reality: Copyright laws protect human creativity, not machine output. The US Copyright Office has made it crystal clear - if a piece of content is generated solely by AI, with no post-generative human edits, it’s not eligible for copyright. That means if your AI-written blog post, ad copy, or brand manifesto has no substantial human contribution, you don’t own it. Worse? Anyone can take it, repurpose it, and use it however they like.
For businesses that invest in storytelling, branding, and original thought, this is a ticking time bomb. Imagine relying on AI for content creation only to find out your competitors can legally copy and republish it. The irony? By letting AI take over, you’re making it easier for humans to steal from you.
The Power of Human Creativity: Your Competitive Edge
AI is fast, but it’s not creative. It predicts, remixes, and regurgitates, but it doesn’t feel. And if marketing is anything, it’s an emotional game. Customers don’t just buy products; they buy stories, authenticity, and human connection – they buy emotionally. That’s something AI-generated content simply can’t provide.
To keep your marketing yours - both legally and strategically - marketers must ensure that human oversight isn’t an afterthought but a core part of the process. Here’s how:
- Infuse Original Thought: AI can give you a draft, but the soul of your content must come from human insight, experience, and emotion.
- Refine with Intent: Editing AI-generated content isn't about fixing grammar or style - it’s about transforming raw text into something uniquely you.
- Make Strategic Choices: Deciding what to publish, what to emphasise, and how to align content with your brand identity requires the gut instinct and human judgment AI doesn’t have.
The Legal Landmines Are Real
Recent legal battles have reinforced this reality. Courts have consistently ruled against AI-generated works receiving copyright protection. A landmark case even denied a patent to an AI-invented creation, reinforcing the idea that intellectual property belongs to human minds, not machine algorithms.
For marketing teams, this means one thing: If you let AI take full control, you’re not just risking originality - you’re risking ownership.
The Future Is Symbiotic, Not Robotic
The bots may be knocking at the door, but we can’t let them take over. AI is a tool, not a replacement. The future of marketing isn’t about surrendering to automation - it’s about symbiosis between human creativity and machine efficiency.
Brands that recognise this will dominate. Those that don’t? Well, their content might as well be public property.
Want to keep your marketing powerful and protected? Keep the human in the loop – and, as Mark Schaefer says: “The bots are coming, but we still own crazy.”