Generative AI is creating previously unimaginable possibilities for influencers and brands to engage with consumers. Rather than merely posting on social media, influencers will be able to utilize AI to have two-way conversations that feel authentic. Influencers can do this literally in their own voice, having unique dialogs with countless people at the same time.

Influencers and brands are accustomed to the rules governing what can be said on social media, but now they’ll need to start thinking about what sort of information they can elicit from their fans and consumers in the course of unique and unpredictable interactions, and what they can do with that information, because they will have the ability to gather more consumer information than ever before, and in ways that may be difficult to control.

However, use of Generative AI by influencers and brands, like all new technologies, remains subject to all of the same laws and regulations. Appropriate disclosures around material connections and sponsored consent as required by Federal Trade Commission (FTC) rules must be made, and various state and federal privacy laws may apply. Influencers and brands need to ensure that their practices remain compliant, including whether the AI tools can be used in a compliant manner (those terms and conditions do matter).

Influencers and brands also need to be attentive to the output of generative AI before using it. Is it accurate? Is it potentially misappropriating someone else’s work? Is it the message they want to send? A lot of time, effort, and care go into building an image, and vigilance is necessary to maintain and protect that image.

If you have questions about any of this, don’t just ask ChatGPT. Ask us – contact our authors to learn more about how we can help you navigate this evolving landscape, or visit our entertainment and media group page to explore our capabilities.

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Photo of Paul S. Bernstein Paul S. Bernstein

Paul Bernstein, chair of Venable’s Entertainment Transactions practice, advises clients on complex corporate matters. Paul handles joint ventures, endorsement deals, financings, mergers and acquisitions, executive employment deals, and all manner of entrepreneurial activities for actors, writers, directors, producers, musical artists, athletes, comedians, and…

Paul Bernstein, chair of Venable’s Entertainment Transactions practice, advises clients on complex corporate matters. Paul handles joint ventures, endorsement deals, financings, mergers and acquisitions, executive employment deals, and all manner of entrepreneurial activities for actors, writers, directors, producers, musical artists, athletes, comedians, and others in the entertainment industry. He also represents several talent management companies and production companies.

Photo of James Nelson James Nelson

Jim Nelson is a co-chair of the Technology, Media, and Commercial Group, member of the firm’s Management Committee, and partner-in-charge of Venable’s San Francisco office. Jim focuses on intellectual property-centered businesses that emphasize the development, production, and commercialization of IP assets. He manages…

Jim Nelson is a co-chair of the Technology, Media, and Commercial Group, member of the firm’s Management Committee, and partner-in-charge of Venable’s San Francisco office. Jim focuses on intellectual property-centered businesses that emphasize the development, production, and commercialization of IP assets. He manages a range of commercial contract and outsourcing engagements, in addition to general corporate work forming and financing companies and supporting them in mergers, sales, acquisitions, and joint ventures. His clients range from emerging growth to Fortune 50 companies—often located or acting globally—in technology, media and entertainment, music, life sciences, financial services, and hospitality, among others.

Kelly Bastide

Kelly DeMarchis Bastide advises clients on issues related to consumer data privacy and security, and online gaming. As a co-chair of the Privacy and Data Security Group, Kelly provides actionable, business-friendly legal guidance to multinational companies and organizations that process personal data. A…

Kelly DeMarchis Bastide advises clients on issues related to consumer data privacy and security, and online gaming. As a co-chair of the Privacy and Data Security Group, Kelly provides actionable, business-friendly legal guidance to multinational companies and organizations that process personal data. A key focus of her practice is assessing clients’ privacy programs against laws in multiple jurisdictions. She works with clients to understand their goals, then develops tailored compliance programs to minimize risk, prepare clients for incidents, and increase business opportunities. Kelly has examined the privacy implications of emerging technologies, such as artificial intelligence (AI) and blockchain, for clients.