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Our Take on AI

| less than a minute read

The FTC Is Looking For "Deceptive Practices" Related to Content Generated by AI

According to a recent blog post on the FTC's official website, the agency may be looking to police the boundaries of IP rights and consumer expectations when it comes to how large language models and other AI tools use content from around the internet.  The FTC's authority to bring enforcement actions in this area would be based on the idea that consumers of online services could be deceived when posting their own content or when generating content with AI. This post is a window into the role the FTC might play in the development of an AI ecosystem.

Selling digital items created via AI tools is obviously not okay if you’re trying to fool people into thinking that the items are the work of particular human creators. When offering a platform for creators to develop and display their work, be clear and upfront about their rights to access and take this work with them, as well as how the work will be used and presented. Again, don’t change the terms later. When offering a generative AI product, you may need to tell customers whether and the extent to which the training data includes copyrighted or otherwise protected material.