Navigating Copyright Challenges in the Age of AI
As the landscape of public relations evolves, the use of artificial intelligence (AI) tools in creative processes is becoming more common. Recently, a virtual panel hosted by the PRSA National Past Chair brought together legal experts to discuss these emerging challenges, highlighting the significant risks that AI poses concerning intellectual property and copyright laws. For PR professionals, understanding how to navigate these complexities is crucial for protecting both themselves and the organizations they represent.
To help minimize the risk of copyright infringement, we’ve compiled key practices for PR professionals to keep in mind:
1. Understanding Copyright and Public Domain
Even though the internet is a vast resource, it’s essential to remember that images and content found online are still protected by copyright. AI tools often rely on internet data to generate new images or content, but that doesn’t mean the original work is fair game. Here are three reminders when using AI tools:
- Works created before 1923 are in the public domain.
- For works initially copyrighted between 1923 and 1977, copyright owners needed to renew their copyright for it to remain protected.
- Copyright holders may also choose to dedicate their works to the public domain.
Public domain refers to works that are free to use because they are no longer under copyright protection. Keep in mind that public domain and publicly available are not synonymous. Anything created after March 1, 1989, is automatically protected under copyright, regardless of registration.
2. Avoiding Plagiarism
Plagiarism is not only unethical but also a form of copyright infringement. AI tools often scrape content from various websites and produce refined outputs with minimal changes. To create original content, it's best practice to research information from credible sources and articulate your thoughts on what you read. Utilize AI tools to polish and enhance your ideas. That way the final product is a reflection of your unique voice and interpretation.
3. Navigating Fair Use
The concept of fair use is frequently misunderstood. It's crucial to know that fair use is limited to very specific circumstances, primarily for news reporting, commentary, or limited academic purposes. Distinguishing between fair use and copyright infringement can be challenging, especially in commercial contexts.
A good rule of thumb is that if the primary purpose of using copyrighted material is educational or for training, it may fall under fair use. However, if the goal is to generate profit from that content, it likely constitutes infringement.
In an era where AI is transforming the public relations landscape, diligent attention to copyright laws cannot be overstated. By adhering to these best practices, we can safeguard our work and maintain the integrity of our profession. Let’s embrace innovation while ensuring that we respect the rights of original content creators and operate within legal boundaries.
Dawn Buzynski, APR and Jane Keairns, APR
