AI poses a threat to creative labor in the advertising world as well, ASCI warns
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AI Use in Advertising Industry: It will be mandatory for advertisers using Generative Artificial Intelligence (AI) as productive content (input) to obtain related licenses and permissions. The Advertising Standards Bureau of India (ASCI) has recently issued this directive. In a white paper published titled ‘Generative AI and Advertising’, ASCI said that if any technology is being used in content creation, prior permission would be necessary for its (technology) commercial use.
This white paper outlines six risks associated with the use of AI in the advertising industry. Apart from these, those legal provisions have also been mentioned in it, under which the case of violation is made. According to a Business Standard report, ASCI CEO and general secretary Manisha Kapoor told TOI that the biggest risk is related to the copyright rights of a piece of content. He said, AI uses things that are already available on the internet. AI is picking up these content and providing it with its own interpretation. In such a situation, the question arises whether it can have any legal or copyright related risk? Would it be considered an original work in that case?
Advertising sector self-regulatory organization ASCI in the country has warned that the use of generic AI tools in advertising may even replace creative labor amid the growing trend of artificial intelligence (AI). The Advertising Standards Council of India (ASCI) also suggested some measures to mitigate the possible impact of artificial intelligence (AI) on the advertising industry in the coming times. These include investing in human skills to enhance human capabilities, especially on editorial oversight and compliance.
In spite of not being pre-programmed under Generic AI, it automatically searches for new trends based on trends and features within the available information and makes new classifications based on that. In a white paper prepared in collaboration with law firm Khaitan & Co, ASCI said access to generic AI services raises concerns about the potential displacement of creative labour.
According to this report, using AI tools to create copies for advertisements, marketing materials and promotional materials can be cost-effective compared to hiring copywriters. Currently, several companies including OpenAI’s ChatGPT, Google Bard and Adobe Firefly are also offering competitive pricing or free access during their beta testing.
Copyright ownership has also been flagged as a challenge in this white paper. The reason for this is that at present AI has not been recognized as a legal entity in the country. This being the case, any work performed entirely by an AI tool without human involvement may not be eligible for copyright protection under Indian law. Advertisers who do not have legal ownership of AI-generated works may be left with limited options in case of infringement by third parties.
According to this report, marketing or advertising agencies may face challenges in transferring full ownership of creative content to their clients if they do not get ownership of AI-generated creative works. Manisha Kapoor, Chief Executive and Secretary General of ASCI, said that with the increasing trend of generative AI in various sectors, it is important to focus on key issues like privacy, data security, transparency and accountability.
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