Using AI to write articles is generally not illegal, though the legal landscape is still evolving.
Currently, most jurisdictions don’t explicitly prohibit AI-generated content, but legal considerations arise around copyright, disclosure requirements, and intellectual property rights.
The key to legally using AI writing tools lies in how you implement them—ensuring proper oversight, avoiding copyright infringement, and following industry guidelines for disclosure.
Business owners in digital marketing can safely incorporate AI content creation when following best practices that prioritise human review and editorial control.
Understanding the legality of AI-generated content
The legality of AI-generated content exists in a grey area that’s rapidly evolving alongside the technology itself.
Most countries haven’t established specific laws addressing AI writing tools directly, leaving business owners to navigate existing frameworks designed before such technology was widespread.
When we talk about legality, several dimensions come into play. First, there’s the question of who owns content created by AI.
Then, there are concerns about potential copyright infringement if the AI was trained on copyrighted materials. Finally, there are evolving guidelines from search engines and regulatory bodies about disclosure and authenticity.
For digital marketers, the important thing to understand is that using AI content generation itself isn’t generally prohibited, but how you use it matters tremendously.
The tool is legal—it’s the application that might raise legal questions.
Think of it like a camera: taking photos is legal, but how and where you take them determines whether you’re breaking privacy laws.
Is AI-generated content protected by copyright law?
AI-generated content currently occupies a complex position within copyright law. In many jurisdictions, copyright protection requires human creativity and authorship. This presents a fundamental challenge for content created solely by AI without human input.
In the UK and EU, copyright law generally requires a “human author” for content to receive protection.
Read more: EU AI Act: first regulation on artificial intelligence
Similarly, the US Copyright Office has stated that it will not register works produced entirely by AI without creative input from a human. However, content created with AI assistance that includes substantial human direction, editing, or refinement may still qualify for copyright protection as a human-authored work.
What does this mean for you as a business owner?
If you’re using AI writing tools to draft content that you then substantially edit, refine, or direct, you likely have stronger copyright claims than if you’re publishing raw AI output.
The key is demonstrating meaningful human input in the creative process.
This creates an interesting dynamic where legally speaking, having a human-in-the-loop approach not only improves content quality but potentially strengthens your copyright position as well.
Do you need to disclose when content is AI-generated?
While no universal legal requirement mandates disclosure of AI-generated content, transparency is increasingly becoming an expectation from both audiences and platforms. Google’s helpful content guidelines, for instance, emphasise creating content primarily for people rather than search engines, regardless of whether AI is involved.
The question of disclosure is as much about ethics and trust as it is about strict legality.
Your audience values authenticity, and being transparent about your content creation process can build consumer trust.
Many marketing professionals adopt a middle-ground approach: not necessarily labelling every AI-assisted paragraph, but being open about their content creation processes in general terms.
Some industries and contexts may have stricter expectations. Academic publishing, journalism, and regulated industries like finance or healthcare often have more explicit guidelines about disclosure and authorship.
As search engines refine their algorithms to better detect and potentially classify AI content, having a disclosure policy in place future-proofs your content strategy and demonstrates your commitment to transparency.
Remember that how you disclose matters too—it needn’t be apologetic but simply factual about your content development approach.
How can businesses legally implement AI in their content strategy?
Implementing AI tools legally in your content strategy requires a thoughtful approach that combines technology with human oversight. The safest path forward is a collaborative human-AI process rather than complete automation.
Start by establishing clear editorial guidelines for your team regarding AI usage. These should include processes for human review, fact-checking procedures, and guidance on when AI is appropriate versus when human writing is preferable. Even the most sophisticated AI writing tools benefit from human refinement and contextual awareness.
Keep meticulous records of how content is produced, including documentation of human contributions to AI-generated drafts. This creates an audit trail that demonstrates your responsible approach and could prove valuable in case of disputes.
Consider these practical steps:
- Use AI for initial drafts, outlines, or research summaries rather than final content
- Assign human editors to review and substantially refine all AI-generated content
- Develop a clear policy about what types of content should never be AI-generated
- Create internal guidelines about attribution and disclosure
- Stay informed about evolving platform policies from Google, social media sites, and other channels where you publish content
By thoughtfully integrating AI writing tools into a human-led process, you can harness their efficiency while minimising legal risks and maintaining content quality.
Legal precedents and court decisions on AI content
Understanding how courts have ruled on AI-generated content provides concrete legal foundation beyond general guidance.
Several landmark cases have begun establishing the legal framework that content creators need to understand when using AI writing tools.
Case: copyright law requires human authorship
The most significant case addressing AI authorship is Thaler v. Perlmutter (2023), where the U.S. District Court for the District of Columbia ruled that copyright law requires human authorship. Dr. Stephen Thaler attempted to register copyright for artwork created entirely by his AI system, DABUS. The court upheld the Copyright Office’s rejection, explicitly stating that “copyright law only extends to works of human creation” and that works generated autonomously by AI without human creative input cannot be copyrighted.
This decision reinforced earlier guidance from the U.S. Copyright Office’s 2023 policy statement, which clarified that while purely AI-generated content cannot receive copyright protection, works containing AI-generated material with sufficient human authorship may qualify. The key factor is whether a human exercised creative control over the work’s expression.
Case: copyright protection to a graphic novel
In another notable case, Zarya of the Dawn (2023), the Copyright Office granted partial copyright protection to a graphic novel that used AI-generated images. However, protection was limited only to the elements with human authorship—the text and arrangement—while the AI-generated images themselves remained unprotected. This case illustrates the nuanced approach courts take when human creativity combines with AI assistance.
Implications
International jurisdictions have adopted varying approaches. The UK’s Copyright, Designs and Patents Act includes provisions for “computer-generated works,” potentially offering more protection than U.S. law, though this remains largely untested in court. The EU maintains a strict human authorship requirement similar to the U.S., as reflected in its Copyright Directive. Meanwhile, countries like China have shown more flexibility, with some courts recognising AI-generated content as protectable when there’s sufficient human involvement in the creative process.
What these precedents mean for content creators is clear: demonstrable human involvement is essential. Simply prompting an AI and publishing its output offers minimal legal protection. However, using AI as a tool within a human-led creative process—where you direct, select, arrange, and substantially edit the content—strengthens your legal position considerably. Document your creative process, maintain editorial control, and ensure meaningful human contribution to all published content.
As this area of law continues to develop, expect more cases that will further define the boundaries of AI content creation. Staying informed about these legal developments is crucial for any business incorporating AI writing tools into their content strategy.
Key takeaways for responsible AI content creation
Responsible use of AI for content creation balances innovation with ethical and legal considerations. As you integrate AI writing tools into your digital marketing strategy, remember these essential guidelines to stay on the right side of both the law and best practices.
The most important principle is maintaining human oversight.
This means using AI as a collaborative tool rather than a replacement for human judgment. Not only does this approach likely strengthen your copyright position, but it also ensures content quality and relevance to your audience.
Transparency builds trust.
While you may not need to label every piece of content as AI-assisted, having a clear policy about your content creation process demonstrates integrity. Consider including information about your approach to content development in your website’s about page or editorial guidelines.
Finally, stay adaptable.
The legal landscape around AI content is evolving rapidly. What’s considered best practice today may change as new regulations, platform policies, and industry standards emerge. By establishing flexible processes and staying informed about developments in this space, you’ll be well-positioned to adapt your approach as needed.
By viewing AI writing tools as partners in the creative process rather than autonomous content creators, you can confidently leverage these technologies while minimising legal risks and maximising the quality of your digital marketing content.
