| AI-generated content in animated explainer videos can pose serious legal risks—ranging from copyright infringement and lack of proper licensing to defamation and misrepresentation. This blog outlines key legal pitfalls creators must be aware of and offers best practices to stay compliant while leveraging AI tools. |
Want to create an animated explainer video, but unsure about the potential AI animation legal risks?
Not so long ago, if you wanted to create animated explainer videos, you’d have to hire a designer with skills in motion graphics, usually at a significant cost.
Today, AI, VR, and AR tools have completely changed the future of online video marketing.
Picture Credit: Freepik
Already, 59 percent of film, TV, and animation companies have used or plan to use GenAI in the phase of pre-production, according to a Statista report for 2023.
But innovation comes with a complex web of legal risks, particularly around AI video copyright and the legal issues associated with AI-generated explainer videos.
Content generated through AI video generators present a new set of legal challenges that creators and businesses cannot afford to overlook. In this article, we’ll explore what the law currently says about using generative AI and how you can protect yourself and your business from liability when you use an AI video maker.
A word of caution, however: This article is for informational purposes only and does not constitute legal advice. For advice specific to your situation, please consult a licensed attorney.
Generative AI refers to a set of artificial intelligence models designed to generate new, original content on their own by locating and capitalizing on patterns in massive datasets.
In effect, generative AI discovers the underlying pattern and features of the data it is being trained on, allowing it to generate content that never existed before.
For animated explainer videos, generative AI tools typically create or assist in creating elements such as:
The entire creative process has been turned inside out, levelling the marketing playing field for small businesses in particular. If you’re looking to cut explainer video cost, turning to AI for help makes sense. But don’t do it until you’ve read about the legal risks you may incur.
Picture Credit: Freepik
As creators increasingly turn to AI video generators, questions of ownership, intellectual property, and copyright protection will need to be answered.
From defining authorship in AI-generated animation to resolving AI content legal concerns, understanding just what you can and can’t do with AI is more important than ever.
One of the greatest legal issues with AI-created work is figuring out who owns the copyright of the work you produce with an AI application.
These most often work under special licenses that can limit their commercial utilization or give ownership rights to the platform as opposed to the user.
In the U.S., for example, the Copyright Office, per section 306 of the Compendium of US copyright Office Practices, maintains that works lacking human authorship, such as fully AI-generated content, are not eligible for copyright protection.
So, if you do decide to use an AI tool to produce explainer videos, just be aware of the fact that you probably won’t be able to claim any rights of ownership over the work.
Most generative AI services are trained using vast quantities of web-scraped data, potentially including copyrighted works.
If your AI-generated work bears a close resemblance to copyrighted works in the form of images, characters, scripts, or pieces of music, you might be unwittingly creating a work of derivation.
For instance, consider an animated explanatory video intended to illustrate the ease of turning your creative visions into reality using products such as custom t-shirts.
Although the animation may be unique, creators need to be very cautious about the visual assets they choose to represent examples of possible designs.
Displaying artwork, logos, or characters that are subject to copyright, even in a seemingly illustrative manner, can expose the video producer and the brand using it to legal risks.
Some jurisdictions have strict laws around deepfake technology and the use of synthetic voices. Synthetic voices are AI-generated voices designed to mimic a specific real person.
Doing this without permission from that person can violate personality rights, consumer protection laws, or defamation statutes.
It’s safest to avoid impersonating real people without their express consent. And if you do use synthetic voices, be sure to disclose this.
AI tools can generate visuals, characters, or logos that resemble existing brands or trademarks. Even if this happens unintentionally, it could lead to trademark infringement claims or accusations of brand dilution.
Stay updated on the latest animation trends to ensure your creative choices are original and legally safe.
AI-generated content used for educational explainer videos must be carefully vetted. Even if the AI tool is responsible for the error, your brand bears responsibility for the published content.
According to Peter Čuček, Owner at Tuuli:
| “One area often overlooked in the enthusiasm for AI-generated content is the potential for inaccuracies or misrepresentations, particularly when dealing with sensitive topics. If an animated explainer video conveys misleading information that subsequently leads to harm, the legal ramifications could be significant. Creators must exercise extreme caution and prioritize factual accuracy, especially in fields where public safety and well-being are paramount. Be respectful of your audience and know your rights and responsibilities.” |
If you incorporate actual user data or likenesses in your explainer videos, you can inadvertently be breaking data privacy regulations such as the General Data Protection Regulation (GDPR), which applies to businesses that interact with consumers in the EU, or the California Consumer Privacy Act (CCPA).
These laws both have a broad definition of "personal data." This includes not only names and contact details, but also images, video, audio recordings, IP addresses, browsing history, and any other data that can identify or indirectly identify a person.
They entitle people to a number of rights over their personal data, including the right of access, the right to rectification, the right to deletion, and the right to object to processing. Employing their data or likeness in a non-compliant fashion can result in some pretty expensive fines.
Clearly stating how you produced your video content, particularly when you use AI or synthetic elements, serves to establish credibility as well as defend your brand.
A fundamental aspect of successfully utilizing AI in animated explainer videos and mitigating potential legal issues lies in building confidence with your audience.
If the methods of content creation are opaque or raise concerns about legal compliance, it can undermine that crucial trust. Creators, therefore, should try to be as transparent as possible regarding the tools and processes involved.
A less obvious challenge is what happens when the AI tool you used is no longer available, or a client requests updates?
If you're working with an explainer video company, make sure they have processes in place to address long-term maintenance and client support.
For businesses that rely on offering seamless solutions involving such videos, having a reliable infrastructure for client assistance is key.
This is where the advantage of comprehensive white-label support truly shines, allowing providers to offer their clients consistent help and updates without the end-user needing to grapple with the intricacies of the AI generation process itself.
Picture credit: Freepik
With more AI processes involved in the making of explainer videos, here are some tactics to help reduce your exposure to liability:
Review the terms of use of the AI tool in detail, particularly commercial use, intellectual rights, and ownership of the content, before using the tool to generate an explainer video.
Verify that the tool is available for commercial use and ensure that you or the AI supplier maintains the rights to the output. To enhance your claim to copyright, try to combine AI-generated work with substantial human contributions, including original scripting, voice-over, or creative guidance.
Consider using these tools for AI video editing instead of relying on them for the entire creative process.
Keep a precise record of your creative process, including your work notes, initial drafts, and revisions, to illustrate how human creativity influenced the final product. These records can be helpful in your defense in case of a copyright dispute and can show that the work is eligible for protection as a human-created work.
Before publishing or monetizing your video, conduct a thorough review of all elements, including visuals, scripts, music, and voiceovers, to ensure none of them infringe on existing copyrighted materials. AI-generated content can unintentionally replicate protected works, especially if the tools were trained on copyrighted data.
Where applicable, be upfront about your use of AI tools. Disclose that parts of your content, such as voice overs, animations, or editing, were generated with AI assistance. Transparency builds trust with your audience and helps you stay aligned with emerging content guidelines and ethical standards.
Use caution with features that can raise legal red flags, such as:
If you intend to publish, monetize, or widely distribute your AI-generated explainer video, it’s wise to consult legal counsel. An attorney can help you navigate the evolving legal framework around the use of AI in creating explainer videos to help ensure that your content complies with copyright, trademark, and publicity rights laws.
As AI continues to disrupt video and animation, staying informed about AI video copyright, AI-generated video rights, and AI content legal concerns is essential.
Whether you’re a filmmaker, animator, or content producer, understanding the legal risks of AI in video production ensures you can innovate without infringing on someone else’s rights or losing control of your own creations.
Want to learn more? Download our free eBook on AI in Explainer Videos for in-depth strategies and compliance tips. Or connect with our video strategist to check how we can help bring your ideas to life, legally and creatively.
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