In this episode of Creative Futures, IAA Benelux Executive Director Stephanie Manning hosts a powerful conversation on the legal grey areas of generative AI. Joined by three expert voices — Jeffrey Greenbaum (Managing Partner, Frankfurt Kurnit Klein & Selz), Lisa Peek (Attorney, Hoogenraad & Haak), and Julia van der Veen (Attorney and IAA Benelux co-founder) — the group unpacks what brands, agencies, and creators need to know before jumping into AI-powered creativity.
Here are some highlights of the podcast.
Who Owns AI-Generated Content?
The conversation opens with a pressing question: if AI generates your campaign visuals or copy, who really owns it? The legal experts reveal that the concept of ownership is still being shaped by courts — and what counts as “original” may depend on how much human involvement there is.
“You can’t even answer the question of what you own — because you don’t know what the AI was trained on, or what it’s really giving you.” – Jeffrey Greenbaum
Originality and Human Contribution
Julia and Lisa emphasize that copyright protection hinges on human creativity — not just automated output. If there’s little to no human input, you may not have the legal rights you think you do.
“Know what tools you’re using, what prompts you’re putting in, and what legal risks come with them.” – Julia van der Veen
Risks of Mimicking Styles and Faces
From Scarlett Johansson’s voice being allegedly used by AI to campaigns that imitate famous styles, the legal line is blurry. Copying a “style” may not be copyright infringement — but could still be unlawful in some jurisdictions.
“Don’t give a prompt using someone’s style — you increase the risk of crossing into infringement.” – Lisa Peek
Transparency and Client Contracts
Agencies face growing pressure to be transparent with clients about how AI is used — not just for ethics, but also for contractual clarity. Clients may expect exclusivity, originality, or full ownership — which AI can’t always guarantee.
“You have to talk about ownership with your client, even if the law hasn’t caught up.” – Jeffrey Greenbaum
Advertising Law, GDPR & Indemnity
The conversation broadens into the many other laws AI-generated content touches: privacy, GDPR, and misleading advertising are all potential landmines. Agencies must avoid putting confidential or personal data into AI prompts — and review contracts to cap liability.
“It’s not just about copyright. AI touches IP law, privacy law, advertising law, and even contract law.” – Julia van der Veen
The Need for Ethical Guardrails
While laws evolve slowly, brands and agencies must act now to protect consumers and reputations. This includes disclosing when content is AI-generated, avoiding deceptive use of deepfakes, and building fair, bias-aware AI processes.
“Be transparent. Talk about it. Don’t keep it behind the scenes when you’re using AI.” – Lisa Peek
A Final Reflection
As the conversation wraps, Jeffrey encourages agencies and brands to be proactive. AI is just the next in a long line of creative tools — and like stock photography or freelancers, it comes with its own risks and rewards. But the most important step? Have the conversation.
“Generative AI is just the next new thing. You have to decide how it fits into your creative process — together.” – Jeffrey Greenbaum
Listen to the podcast on Spotify.
ABOUT OUR GUESTS
Jeffrey A. Greenbaum is the Managing Partner of Frankfurt Kurnit Klein + Selz, a media, advertising, and entertainment law firm based in the United States. A partner in the firm’s Advertising, Marketing, and Public Relations Group, he is one of the country’s leading advertising lawyers. He also serves as the Chairman of the Global Advertising Lawyers Alliance, Chair of the Public Policy Council of the International Advertising Association, and as a member of the Advisory Council for the Institute for Advertising Ethics. In 2025, he served as Chairman of the jury for the International Council for Advertising Self-Regulation’s Global ICAS Awards. Best Lawyers in America has named him “Advertising Lawyer of the Year” for the New York metro-area three times.
Lisa Peek is a lawyer at Hoogenraad & Haak, a boutique law firm in Amsterdam specialized in litigation and advisory services in intellectual property, advertising, and food law. She advises clients on all matters related to advertising, intellectual property, marketing, and privacy, with a particular focus on the legal risks of generative AI in advertising and e-commerce. Lisa has a keen interest in how technology shapes the legal landscape, and regularly speaks and writes about the intersection of AI, advertising and law.
