ChatGPT for Advertising: Can I Use This Tool to Promote my Product or Business?

by Elliot Brake, and Kevan Lee Deckelmann

The latest tool in artificial intelligence (AI) creating buzz is ChatGPT—a free AI chatbot that can generate human-like text based on a given prompt or context—and the public is eagerly testing the limits of its intelligence. ChatGPT presents novel advertising opportunities for companies to promote their products and services using the new technology.  The AI tool can be used to generate compelling product descriptions, ad copy, and entire social media or email campaigns. It can also be used to generate ideas for ad campaigns, brand strategies, and even assist in personalizing ads for specific target audiences.

Currently, OpenAI, ChatGPT’s parent company, makes the use of its innovative software relatively easy for both companies and individuals; however, companies should be aware that the legal risks quickly change once the ChatGPT name is used to promote products and services, and the commercial use of free software can expose a company to liability if done incorrectly.

What should you avoid doing?

Recently, we have had the opportunity to review advertisements where spokespeople instruct ChatGPT to write certain content. Often, these ads refenced the ChatGPT name in voiceover and text, and share the content created.

As with many brands, OpenAI does not allow the use of its names, logos, or trademarks, including ChatGPT, without its prior written consent. The risk of violating this restriction increases in the commercial context when you’re promoting a product through widespread advertisements, or otherwise.  Using ChatGPT’s name and brand without its permission could result in losing privileges under ChatGPT’s limited license and altogether losing the ability to use the software. Depending on the circumstances, it could escalate into an arbitration claim.

Because it clarifies rights and responsibilities, a formal license agreement is always recommended prior to using a third-party’s intellectual property.  In the absence of such an agreement, companies should avoid using ChatGPT or OpenAI names, brands, or trademarks in a manner that suggests a collaboration or cross promotion between the two companies.  Doing so could avoid a potential claim of false association – a serious risk in an environment where companies are increasingly cautious about their chosen collaborators.

What can you use ChatGPT for?

Subject to OpenAI’s terms of use, ChatGPT is currently free and available for public use.  OpenAI’s limited license gives users the right to use outputs generated by user questions, so this tool can feasibly be used for writing contracts, writing advertisements, drafting social media posts, and more.

Bottom line—what should you keep in mind?

New technology may create valuable advertising opportunities—and in this case, opportunities for everything from content and strategy creation to workflow efficiencies—but companies should remain vigilant about how and when they use third-party intellectual property, and be sure that they understand the legal implications when doing so.