Whose content is it anyway? AI-generated content and the tangled web of creation, ownership, and responsibility


By Gary Mittman

In the ongoing battle over generative AI and copyrighted content, an unexpected player—comedian Sara Silverman—has fired one of the initial shots. 

Alongside writers Christopher Golden and Richard Kadrey, Silverman has filed a lawsuit against OpenAI, the parent company of ChatGPT, and Meta, the owner of LLaMA, in federal court. Their claim alleges these popular technologies have infringed on their protected works and that the datasets used by these platforms have questionable origins, as reported by The Verge. 

Amid this controversy, Adobe, the creators of the AI-powered image generation tool Firefly, has assured users that it will cover their legal expenses if they face lawsuits due to the images it generates, according to Fast Company.

The discussion surrounding artificial intelligence (AI) and its potential impact on the future of work and society has captivated everyone’s attention. While the technology holds great promise, it also raises numerous questions in its early stages, particularly regarding plagiarism, boundaries, and guidelines, specifically with regard to copyrighted material, which currently lacks clear regulations.

Over the past six years, our organization has meticulously honed its expertise in leveraging cutting-edge AI technologies. Our profound understanding of instructing and refining system models, enhancing image recognition capabilities, and optimizing AI-driven processes underscores our position as seasoned experts in the field of AI. We have anticipated these questions for AI applications in all categories and use cases.


The use of AI prompts legal, business, and moral considerations, with ownership rights being a key concern. Who can claim copyright for content generated by AI? Is it the human creator who initiated the process? The AI platform itself? The original owners of the training material? Or someone else entirely?

This question gains particular relevance when AI-generated content possesses commercial value, as in the case of Silverman and others involved in litigation, compared to instances where individuals like my 12-year-old son utilize generative AI for creative purposes but have yet to transform their works into consumer products.

Another important aspect to consider is liability for damages caused by AI-generated content. If content created through an AI platform causes harm, who should be held responsible? Should it be the developers, the users, or the owners of the platform? Contemplating these questions about accountability can be overwhelming. 

Incorporating standards for generative AI into the legal system presents a significant challenge. Trademarks and copyright laws were not designed with AI-generated content in mind, so it is necessary to determine how generative AI creations fit within existing legal frameworks. Should AI-generated content be subject to the same laws as content created by people? Answering these questions is crucial to maintaining legal clarity and fairness in this rapidly evolving field.


As generative AI takes center stage and promises to affect us all, it becomes essential to establish clear boundaries. The entry of new generative AI products into the market only amplifies the need for standards that encourage acceptable and responsible use. Without such rules, the market may become inundated with questionable AI-generated content.

Lawmakers and regulatory bodies will undoubtedly play a pivotal role in setting these guidelines. Government intervention, open web agreements, and industry standards can contribute to creating a framework that promotes ethical and responsible use of the technology. Collaborative efforts involving industry stakeholders, academia, and policymakers will help shape regulations that address legal and societal concerns while fostering innovation.

However, monitoring and enforcing these guidelines pose a separate challenge. The vast scale and complexity of generative AI content make it difficult, if not impossible, to effectively police. Nonetheless, developing robust monitoring mechanisms and enforcement strategies will significantly contribute to ensuring compliance and preventing the misuse of generative AI.


For brands, generative AI introduces specific issues related to marketing practices, particularly concerning brand consistency and consumer trust. Maintaining brand values and identity becomes a priority when AI is involved in content creation. It requires careful consideration, execution, and monitoring to ensure AI-generated materials align with a brand’s essence and resonate with the target audience.

Leaders should maintain brand consistency with their AI-generated content. This involves a blend of meticulous model training, continuous refinement based on feedback, and a strong emphasis on aligning generated material with the established brand values and identity. It’s an evolving process that necessitates a deep understanding of both AI capabilities and the nuances of your brand.

Here are some suggestions to guide you in aligning AI-generated material with your brand and audience:

  • Establish clear guidelines
  • Train the AI model with representative data
  • Regularly review AI-generated content
  • Leverage fine-tuning and control parameters
  • Understand ethical considerations
  • Seek feedback from stakeholders
  • Test and iterate

Businesses can benefit from implementing these strategies to manage and control AI-generated content effectively. Regular refinement and adjustments based on data-driven insights can help strengthen the alignment between AI-generated content and your brand’s identity.

Consumer trust is paramount for any marketer. AI-generated content should accurately represent a brand’s products, values, and promises. Inaccurate or misleading content produced by AI systems risks eroding consumer confidence, leading to reputational and business losses. Once again, establishing standards is crucial to foster trust and ensure a positive customer experience.

As generative AI promises to significantly influence our future, it is vital to address the multitude of questions surrounding the technology. By establishing and enforcing clear boundaries, businesses can navigate these concerns more effectively and potentially overcome challenges from unexpected sources—including irreverent comedians and budding artists like my son.

Read the original article here.

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Rich Kentopp
VP, Product Management

After his career of being a pastor and touring musician, Rich started his technology career almost a decade ago with many of the KERV leadership at Lin Digital. Since then he has been a Product leader at three different scaling startups, learning how to build valuable products with teams who love to work together.

Devin Monds
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Devin is a dedicated and experienced media sales professional with over 15 years in the digital media space in both North America and EMEA. He most recently headed up the International Team at Adludio, the premier advertising platform for delivering strong creative on mobile devices. Prior to his role at Adludio, Devin worked on the Global Brand Partnerships team at CAA Sports in London, and was International Sales Director at LoopMe where he built out the US West Coast Sales Team from Los Angeles. With a proven track record of new business development and revenue generation, Devin has a multitude of solid relationships with brands and agencies, globally.

He relishes the opportunity to engage with new clients on a daily basis, in order to identify tailored solutions that can drive their desired outcomes. Furthermore, he takes pride in his culinary skills, often experimenting with new recipes and delivering delectable results.

    Brad Quinn
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    Brad Quinn is the SVP, Enterprise & Publisher Partnerships based out of our NYC office. He has over 15 years of experience across Agencies, Publishers and Tech. At KERV, Brad leads the Partnerships team focused on content providers and distributors. He integrates KERV’s tech capabilities across ads and content to create a real‑time interactive/shoppable experience.

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    Before joining KERV in 2018, David Knight spent over 31 years building software products for large corporations like IBM and Schlumberger, 3-person “garage” startups and everything in between. He’s spent the last 15 years discovering and refining the tools, development process, and necessary culture that create great Engineering teams capable of meeting the special demands of technology driven startups.

    Dan Bloomfield
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    After spending time living in New York and working for NBC Universal’s first digital operations team Daniel moved to Austin in 2009 to further pursue ad tech. During the next decade, he built a career working on interactive video first for Sizmek and then Nexstar. He immediately jumped at the idea to work for KERV and was one of the first to join the company in 2017.

    Creed Pettit
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    Ryan Schoenfeld
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    Ryan Schoenfeld’s career started as an intern at a smaller digital media agency while attending the University of Texas. Since then, he has spent over 15 years working in the programmatic advertising/video space.

    Bill Roberson
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    Bill Roberson has worked in the digital space for over 17 years, spanning Media Buying, Ad Operations, Analytics and Optimization, Account Management and now Creative.

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    Grant has been with KERV as VP of Creative for over 5 years, and has worked as a designer and creative director at agencies and media companies for the last 17 years.

    Michael Fleischman
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    Michael Fleischman serves as the Chief Financial Officer at KERV Interactive in addition to being an Executive Residence at Progress Partners, a Merchant Investment Bank and Venture Fund. Prior to KERV Interactive, Michael was the CFO and current Board Member at Digital Remedy, a privately-held media execution company supporting agencies, publishers, and brands in navigating the complex adtech landscape of digital success.

    Previous to Digital Remedy, Michael spent 20 years at Cablevision and Rainbow Media Holdings during which he was instrumental in the launch and management of multiple regional sports networks and a number of national cable networks including American Movie Classics, Bravo, The Independent Film Channel as well as the structuring of partnerships with companies including Liberty Media, NBC, Fox/NewsCorp, and MGM. 

    A native of the New York City area, Michael resides with his wife where he enjoys biking, tennis  and spending time with his wife and three adult children.

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    Taylor Pate serves as Chief Technology Officer at KERV Interactive. Taylor’s experiences in the advertising and creative industry spans 14. He began his career in 2008, working as a designer, animator and art director specializing in the design and production of interactive art. Early in his career, he created 3D character animations and tools for best-selling video game series The Sims while working at Edge of Reality, who developed video games for Nintendo 64, GameCube, PlayStation and Xbox.

    In 2012, Taylor made the shift to work in-house at an online advertising and media services agency, LIN Digital, where he was promoted multiple times in a four-year span. He worked on a variety of online, interactive projects for clients while also developing and automating internal tools and processes. Taylor then spent the next two years working as the director of engineering at multi-platform digital media company HYFN Local, a division of multi-billion-dollar corporation Nexstar Digital LLC.

    Jay Wolff
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    Jay Wolff serves as Chief Revenue Officer at KERV Interactive, leading global revenue and partnerships, in addition to being the Executive Vice President of 212 NYC, New York’s leading organization for the digital advertising industry. 

    Jay’s expertise in revenue and partner growth in the advertising industry spans 19 years. Most recently, Jay served as CRO of Varick Media, and Chief Growth Officer at Boostr, the first end-to-end SaaS revenue management system for media companies. Previously, as Regional Vice President of SambaTV, Wolff built the revenue organization and east coast market from the ground up. 

    Prior to joining SambaTV, Wolff served as Vice President of agency and brand partnerships at PulsePoint; instrumental to the merger of ContextWeb and Datran Media.

    Jay holds a BS in Marketing from Syracuse University and a Certificate of Management from the University of Chicago. He resides in Rye Brook, NY with his wife and daughter, Olivia. 

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    Before co‑founding KERV in 2017, Dan Bienfeld spent the previous 35 years founding six start‑ups in various verticals such as publishing, licensing, med‑tech and ad‑tech. Within these companies, he enjoyed two meaningful exits, which provided him with the ability to continue his passion as an entrepreneur. 

    Aside from bringing together ‘Rock Star Talent,’ his main focus has been raising over $50M, primarily for the startups identified above, as well as creating strategic partnerships. Currently he lives in Westlake Village, CA with his wife and two kids. In addition to his entrepreneurial journey, he also enjoys working out, traveling and an addiction to sushi.

    Gary Mittman
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    Gary Mittman brings more than 30 years of experience in technology and direct marketing, as well as substantial experience in building startups to exit with creativity and agile development. Before starting KERV, he held numerous top‑ranking leadership roles, including Founder & President of Nami Media (which was acquired by Lin Media/Nexstar Media Group), CEO & Founder of Marina Communications (also acquired), and Vice President of New Business Development, Direct Response at Western International Media (now Initiative Media).

    Gary also brings a decade of experience in the entertainment industry, including managing all booking for New York City’s premiere performance night club, The Ritz, as its Executive Manager and Booking Agent, Executive Producer of the MTV concert series ‘Live At The Ritz’, a Professional Manager at Chappell Music Publishing, and started out as an Assistant to legendary Clive Davis at Arista Records.

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    “We, each, have tremendous potential and the abilities to level‑up if we choose to understand how to get the support we need to get us there. Helping talent thrive and helping them create success is my reason for doing what I do.”

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    Marika has held senior-level positions for leading advertising agencies in the Austin, Texas area including Sizmek and GSD&M. She also spent years in Chicago working for FCB Global and Starcom MediaVest Group. While at Starcom, Marika was recognized for her involvement in the creation of the first agency-side programmatic pipelines and what the industry now refers to as an agency trading desk.

    Marika holds a Bachelor’s in Advertising from The University of Texas at Austin, which she achieved while also participating as a former D1 collegiate athlete.