How generative AI is changing creator contracts to prevent brand and copyright risks

Agencies are updating more creator contracts with AI clauses and terms as clients raise brand safety considerations, according to three agency execs who spoke to Digiday.

With the ongoing use of generative artificial intelligence in content creation and influencer marketing raising legal and practical considerations for marketers and creators, execs say they are hearing from more clients over the past year to adjust creator contracts to mitigate brand safety risks, copyright infringement and other legal troubles down the line. This includes language specifying that creators do not use AI in content generation, as well as requests for the agency itself not to use AI in its work.

This comes as broader AI and copyright policies continue to take shape in the U.S., with tech giants and lawmakers debating the balance of pushing AI innovation and upholding copyright restrictions. For instance, OpenAI already faces lawsuits from The New York Times, The Center for Investigative Reporting and multiple outlets owned by Alden Global Capital. Google was also sued by education company Chegg, which claims that the search giant’s AI-generated summaries in search results impact its traffic and revenue.

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