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Marketers are warming up to AI but there are still creative challenges and legal risk

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Marketers are warming up to AI but there are still creative challenges and legal risk
By Kimeko McCoy |

Balancing Innovation and Authenticity: The Complex Role of Generative AI in Marketing

Generative artificial intelligence has undeniably transformed the marketing landscape, enabling brands to produce highly personalized content at scale. However, despite its efficiency, many marketers remain cautious about fully embracing AI-especially when it comes to creating final campaign materials that feature human likenesses.

Creative Potential Meets Authenticity Concerns

While generative AI is widely used to develop everything from campaign visuals to presentation decks, unresolved creative and legal challenges continue to hinder its widespread adoption. Kate Wolff, founder and CEO of Lupine Creative, emphasizes the importance of genuine human touch in advertising. “The absence of authentic human elements can create a disconnect that we believe is detrimental to both our clients and their audiences,” she explains. Lupine Creative, which works with brands like Spotify, LG, and Colgate-Palmolive, currently avoids using AI-generated human imagery in final advertisements.

Uncanny Valley and Consumer Skepticism

One of the main hurdles for AI-generated visuals is overcoming the “uncanny valley” effect-where images appear almost human but evoke discomfort due to subtle imperfections, sometimes described as an “AI shine.” This phenomenon has led several brands to adopt a cautious stance. For instance, companies like Liquid Death and Columbia Sportswear prefer transparency when employing AI, ensuring their audiences are aware when AI tools are involved.

Case Studies: Selective AI Integration

Liquid Death leverages AI primarily for backend operations such as code optimization and automation, reserving traditional analog creativity for their marketing campaigns unless AI is essential. Dan Murphy, Senior Vice President of Marketing at Liquid Death, highlights this selective approach, prioritizing human-driven ideas.

Similarly, Columbia Sportswear uses generative AI to streamline workflows but remains wary of deploying AI-generated advertisements directly to consumers. Matt Sutton, Columbia’s SVP of Marketing and Head of Sales, notes that social listening data reveals Gen Z’s pronounced rejection of AI-created content compared to other demographics. Sutton refers to the overwhelming influx of low-quality AI content-sometimes dubbed “AI slop”-that saturates digital channels, reinforcing their commitment to authentic storytelling.

Public Backlash and Legal Challenges

Consumer pushback against AI-generated advertising is evident. In August, social media users speculated that a Guess campaign featured AI-generated models in Vogue, sparking debate. Likewise, J. Crew faced criticism for allegedly using AI-created human-like images to promote its Vans shoe line, with the creative labeled as digital art on Instagram. Even Coca-Cola’s holiday commercial last Christmas stirred controversy due to its use of generative AI.

Beyond public relations, legal battles loom large. Major entertainment companies such as Disney, Warner Bros. Discovery, and NBCUniversal have initiated lawsuits against AI firms like MiniMax and Midjourney, accusing them of copyright infringement. OpenAI is also facing multiple lawsuits from publishers and news organizations, including The New York Times, over unauthorized use of copyrighted material.

Industry Perspectives on Legal Risks

Scott Terry, Director of Business Affairs at Forsman and Bodenfors New York, acknowledges the murky legal landscape surrounding AI content. “Agencies and clients must decide who assumes liability-whether through indemnification agreements or by assigning risk to production partners,” he explains. Despite these uncertainties, some brands are willing to explore AI’s potential for innovation. For example, Popeyes released an AI-generated diss track on social media this summer, ensuring all creative elements were original and cleared to avoid copyright issues, according to a company spokesperson.

Navigating the Future: Innovation with Integrity

Brands today walk a fine line between embracing AI-driven innovation and maintaining cultural and legal integrity. Kate Wolff summarizes this balance: “AI offers immense value in enhancing creative workflows, but when it comes to representing people, authenticity and human craftsmanship remain essential.” She adds, “Audience trust is built on genuine connection, which cannot be replicated by AI alone.”

As generative AI continues to evolve, marketers must carefully weigh its benefits against potential risks, ensuring that technology complements rather than compromises the human essence of storytelling.

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