Advertising lawyer John Villafranco, partner at Kelley Drye & Warren LLP, says companies should be transparent about using AI and ChatGPT – and those who choose not to could get slapped with an FTC investigation or lawsuit.
“As we counsel our clients, I think that there are really four main things: One, you want to make sure users know when they're interacting with AI and not a human being. Any AI-based tool or bot that interacts with individuals and could be mistaken for human interaction needs to be clearly identified as a bot. I think that's rule number one,” said Villafranco.
He added that whether you're a marketer or a student preparing a college application, you can use AI as an aid, but not as a ghost writer.The use of AI must be disclosed even if it's used in the drafting process.
Kelley Drye & Warren LLP also advises clients to not rely on AI for final content without approval and disclosure noting that use of content created substantially or entirely by AI is absolutely discouraged.
“And finally, you should always disclose when you're using any images, audio, or video content that has been created or materially altered using AI. And that can be done with a watermark or some other persistent disclosure on or with the image or video or by clearly and conspicuously providing the disclosure at the beginning of it,” concluded Villafranco.
To hear more on the dos and don'ts of AI, and an update on the FTC and New York State AG case against the marketers Prevagen, listen to the NutraCast.