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Your agency created the ad. Your business may still wear the IP risk. A recent Australian copyright case involving an allegedly AI-generated video highlights a growing problem for businesses using agencies, contractors and generative AI: if you do not know where your marketing content came from, you may not know what rights sit behind it.
A major US copyright case could shape how generative AI developers use books, journalism and other protected works for training. But even if US courts accept a fair use defence, Australian businesses cannot assume the same approach applies here. We look at what the case could mean for AI developers, content owners and businesses using AI systems in Australia.
A strong exit starts long before a business goes on the market. For SMEs, clear ownership and protection of key IP can make a real difference when buyers start looking closely at what gives the business its value.
The EU AI Act is moving from policy to enforcement. New transparency and disclosure obligations now affect AI systems and general-purpose AI models operating in the EU, with implications for training data, copyright compliance and synthetic content. For Australian businesses using or licensing AI tools, the changes offer an important preview of where AI regulation may be heading.
Using a competitor’s name in advertising is not automatically unlawful, but the way it is used matters. Trade mark infringement, misleading conduct and passing off risks can arise where advertising creates confusion, suggests an association, or makes inaccurate comparisons. Careful review of ad copy, landing pages and competitor references can help reduce the risk.
Not every invention should be patented. In some cases, keeping valuable information confidential as a trade secret may provide better long-term protection. The right strategy depends on what you are protecting, how easily it can be copied or reverse engineered, and whether secrecy can realistically be maintained.
IP due diligence helps buyers, sellers and investors understand what intellectual property a business owns, whether it is properly protected, and where hidden risks may sit. A practical review can uncover ownership gaps, missing assignments, outdated registrations, licensing issues and other problems before they affect a transaction.
Having a patent does not necessarily mean you are free to commercialise your product. A freedom to operate search looks for existing patent rights that could create infringement risk before launch, manufacture or market entry. Identifying those risks early can help businesses avoid costly surprises and make better commercial decisions.
Paying for work does not necessarily mean your business owns the intellectual property created. Contractors, agencies and even founders can create valuable IP that sits outside the company unless ownership has been properly documented. Clear employment terms, contractor agreements and IP assignments can help avoid costly problems later.
