Legal and Ethical Issues with AI for Content Creation
Many people have concerns about the legal and ethical issues surrounding AI tools and the creative content they can generate. Today’s tools make it incredibly easy to produce just about anything you can think of – but that doesn’t mean the critical eye of a human is no longer necessary. Care and attention must still be applied to any content created using AI.
In this post, we’ll cover some of the major legal and ethical issues that arise with AI-generated content. We’ll also offer some practical ways to address them and suggest next steps if you want to upskill and use AI tools effectively and responsibly.
Legal Issues with AI Content
As the use of generative AI tools grows, so does the potential for new legal complications, especially in creative industries. If you’re using AI or editing content generated by AI, here are some of the key legal areas to watch.
Copyright and Intellectual Property Laws
Let’s start with one of the most common concerns around AI-generated content: copyright and intellectual property laws. These areas are already complex, and the rise of AI has only added more uncertainty. When using AI to generate content, you need to consider two core issues:
- Whether you, as the user, can claim ownership (i.e., copyright) of the content produced.
- Whether the AI-generated content might infringe on existing copyright or intellectual property rights.
At present, copyright law in most countries does not recognize AI as a legal author. In the United States, for example, the Copyright Office has stated that works “created without any human involvement” are not eligible for protection. This means only content that reflects meaningful human input can be registered for copyright.
This area is rapidly evolving. Lawsuits involving tools like Stability AI and OpenAI – along with legislation such as the EU’s AI Act – are shaping how AI training data, output rights, and usage boundaries are defined. Until clear legal standards are established, here are two ways to protect yourself:
- Document your process: Keep clear records of what steps within the creative process you used AI to complete, including which tools you used, what prompts you entered in the system, and when that usage took place.
- Avoid infringing prompts: Don’t instruct AI to imitate or replicate copyrighted material unless your use qualifies under fair use. Even then, be cautious – the fair use defense is complex and context-specific.
Prioritizing original, human-led content will help you steer clear of legal uncertainty.
Plagiarism
Generative AI tools work by analyzing vast datasets of existing content – including books, articles, and web pages – to predict what comes next in a sentence. As a result, they may produce text that closely resembles published material, even when direct copying is not intended.
This blurring of originality poses a real risk, especially for freelance writers and editors. Publishing unoriginal or derivative content can damage your credibility, or your client’s.
For instance, in academia, Stanford University’s Honor Code guidance states that students must acknowledge any use of generative AI in their work. Using generative AI tools to “substantially complete an assignment or exam” is not permitted. And some major academic publishers, including Nature and Elsevier, now require authors to disclose any use of AI tools. They explicitly prohibit listing AI tools as co-authors.
To avoid plagiarism:
- Rewrite AI-generated content in your own words, using it only as a prompt or starting point.
- Fact-check and trace sources wherever possible, and cite them properly.
- Use plagiarism checkers or AI-detection tools to flag reused content, but don’t rely on them entirely. Make the final call based on a close read.
These steps don’t just protect you legally; they also strengthen your credibility.
Misinformation
AI content isn’t immune to error. In fact, many AI models are prone to what experts call “hallucinations” – plausible-sounding statements that are actually inaccurate, outdated, or entirely fabricated.
In one high-profile legal case (Mata v. Avianca), a lawyer relied on ChatGPT to draft a court filing – only to discover that six of the cited cases simply didn’t exist. Those involved were subsequently sanctioned. In another example, Microsoft published an AI-generated travel article recommending that tourists visit a food bank in Ottawa and “consider going on an empty stomach.” The article was widely criticized for being insensitive and misleading; Microsoft was forced to retract the article and investigate how it passed editorial checks.
This kind of misinformation isn’t just embarrassing – it can mislead readers, damage trust, and cause real harm. To avoid spreading misinformation or disinformation, treat AI-generated text with the same editorial scrutiny you would apply to any other draft. That means:
- Verifying every claim using reliable, up-to-date sources such as academic journals or major news outlets
- Cutting or correcting anything that can’t be substantiated
- Proofreading carefully to ensure clarity, coherence, and factual accuracy
The more carefully you fact-check, the more confident you can be in the quality and reliability of your work.
Ethical Issues with AI Content
Ethical concerns are also present when creating and utilizing AI-generated content. Just because something is legal doesn’t mean it can’t be considered harmful to others. Here are some ethical issues to keep in mind.
Offensive Content
As already mentioned, AI tools are trained on massive datasets scraped from the internet, which unfortunately includes material containing harmful language, outdated stereotypes, and discriminatory viewpoints. As a result, AI-generated content may include offensive or insensitive phrasing.
For example, in 2023, researchers from the Allen Institute for AI, Princeton University, and Georgia Tech explored this by assigning various “personas” to ChatGPT – such as racial or gender identities. Their report found the model could produce “extremely problematic” responses that “propagate incorrect stereotypes about countries, religions and races.”
AI tools don’t have a conscience, but humans do. Always review and revise content before publishing to ensure it’s appropriate, respectful, and inclusive. While the internet reflects a history of biased and discriminatory perspectives, your content doesn’t have to repeat them.
Bias
Bias in AI content often stems from the data it’s trained on – and from the prompts humans provide. If the training data includes stereotypes, or if the prompt assumes a particular worldview, the AI output will likely reflect those biases.
A 2023 report by the Center for Democracy & Technology found that automated hiring systems often reproduce existing biases, particularly in relation to gender, age, and disability. The report argues that without clear legal safeguards, these systems risk reinforcing barriers for women, older candidates, and people with disabilities.
Writers and editors using AI have a responsibility to mitigate bias wherever possible. This includes:
- Writing prompts that are specific, inclusive, and context-aware
- Reviewing AI outputs for stereotypical language or assumptions
- Editing content to ensure diverse and balanced representation
While developers are working behind the scenes to reduce algorithmic bias, your judgment as a writer or editor is still the first line of defense.
Complacency
One of the biggest concerns people have about AI tools is that they’ll make us lazy. If we start relying on AI to write everything for us, what happens to our own ideas, skills, and creativity?
It’s a fair question, but it’s also based on a misunderstanding of what AI can actually do. AI tools can process information and generate content quickly, but they don’t have instincts, experiences, or opinions. They can’t craft a compelling narrative or choose the right tone for your audience. That still takes human skill!
BuzzFeed faced criticism in 2023 for publishing dozens of repetitive AI-generated travel articles where common clichés (like “hidden gem”) and awkward boilerplates (like “now, I know what you’re thinking”) appeared repeatedly. Search Engine Land described them as “hilariously terrible,” with writer Danny Goodwin stating: “If the future is now, I’m not impressed.”
These travel articles illustrate how relying too heavily on AI can produce bland, low-value content that doesn’t engage or inform readers. But, when used thoughtfully, AI can speed up your workflow without sacrificing creativity or quality.
Learn to Use AI Effectively as a Writer or Editor
AI can be a powerful tool for writers and editors, but only if it’s used thoughtfully. Knowing how to guide AI, spot its limitations, and apply your own judgment is key to creating high-quality, ethical content.
Our AI Prompting For Writers And Editors course is designed to help you master prompt engineering and navigate the legal and ethical issues that come with AI-assisted writing. The course is beginner-friendly, practical, and requires no previous AI experience.
Try two lessons for free today!
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