How copyright, confidentiality and values factor into using AI writing tools for business.

One of the most common uses for AI is for writing—everything from social media posts and emails to reports and blogs. What’s more, the content generated can be customized—think tone of voice and messaging to specific audiences. However, it’s important to note that the content is generated not created. AI looks to what’s already been done and synthesizes a new version according to your prompts. If you’re seeking to stand out as a thought leader and protect your content it’s best to assign AI tools a supporting role—here’s why.

Understanding AI and copyright

Traditionally, copyright law applied to original works authored by human beings. It serves to establish ownership by creators, and copyrights require others to obtain permission (often in exchange for a fee) to use the material. With the introduction of AI, these legal rights are shifting. AI-generated work itself is not copyrightable. Copyright protection applies only when there’s human input.

As of January 2025, the U.S. Copyright Office issued a report that states,

“… the outputs of generative AI can be protected by copyright only where a human author has determined sufficient expressive elements. This can include situations where a human-authored work is perceptible in an AI output, or a human makes creative arrangements or modifications of the output, but not the mere provision of prompts. The Office confirms that the use of AI to assist in the process of creation or the inclusion of AI-generated material in a larger human-generated work does not bar copyrightability. It also finds that the case has not been made for changes to existing law to provide additional protection for AI-generated outputs.”

At the same time there are numerous lawsuits in progress raising copyright issues. Creators are battling large language models that have used their copyrighted works without permission. And without compensation.

Business owners using AI to generate content should take care to ensure they don’t infringe on anyone else’s copyright or protected branding—and not just because it could result in a lawsuit. “If you don’t own the copyright, you also don’t own the exclusive rights,” writes Virginie Glanzer, partner at TechCXO. “That means your competitors, or anyone, really, can reuse your AI-crafted language, ideas, tagline or visual without a second thought.”

AI isn’t confidential

Using AI could pose a security risk for your company. Information can be retained by AI tools for the system’s learning, training and generating future responses for you and others. Further, there’s a chance developers could see what users enter.

 “If you wouldn’t post it publicly, don’t put it in an AI tool,” say risk managers at Protecht. “… inputting confidential data into an AI tool is like whispering secrets in a crowded room—you can’t be sure who’s listening.”

These types of information should never be shared with AI tools:

• passwords
• account numbers
• financial information
• proprietary information
• sensitive personal information for yourself, employees or customers

AI doesn’t operate with human values

As powerful as AI is it doesn’t have the human capacity for making judgments. Sometimes it “hallucinates” and provides false or misleading outputs. AI may also generate results that are biased or unethical.

Always have a human review AI-generated results before using them for things like decision making and messaging to ensure they align with your values.

 

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