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Our position on AI-generated work, output ownership, and the publisher responsibilities that travel with every piece of creative we help you make.
Generative AI has changed creative production faster than the contracts, the case law, and the insurance market can keep up. Agencies are getting hard questions from their producers and general counsel: If we publish work made with an AI tool, whose neck is on the line if a third party sues? Tool vendors are getting equally hard questions in return: Will you indemnify us against everything that could go wrong?
Both questions deserve clear answers. This page is ours.
We wrote it so that you, your producer, and your client's legal team can sit with a single document, understand exactly where Ad Legends stands, and align on who is responsible for what before any creative ships. The contract-form version of this same position lives at /policy/ai-content-addendum, which enterprise customers can attach to their MSA.
We give you AI-assisted creative output. We do not, and cannot, certify that everything you choose to publish is free of every conceivable third-party claim. No reputable AI provider in the world makes that promise — and the ones who promise the most (Adobe Firefly, with its enterprise indemnification) only cover the model output itself, not what the user adds, edits, or combines downstream.
Subject to your subscription tier and our Terms, the creative output you generate with Ad Legends is yours to use commercially. U.S. copyright law (Thaler v. Perlmutter and the U.S. Copyright Office's January 2025 guidance) limits federal copyright registration to works with sufficient human authorship — that's a constraint of the law, not of our service, and it applies to every AI creative tool on the market.
Ad Legends is built on top of leading AI providers — OpenAI, Anthropic, Google, Adobe, Black Forest Labs, fal.ai, ElevenLabs, ByteDance, Replicate, and others. Where those providers extend a copyright shield or indemnification (OpenAI Copyright Shield, Microsoft Customer Copyright Commitment, Adobe Firefly enterprise indemnification, Anthropic commercial protections), we pass that benefit through to you on the same terms — no broader, no narrower. We don't take on the upstream training-data risk ourselves.
Likeness rights, voice rights, talent releases, brand and trademark clearance, music synchronization, SAG-AFTRA digital-replica compliance, FTC substantiation, NAD review, deepfake disclosure under state law (including Tennessee's ELVIS Act and analogous statutes) — these are publisher responsibilities, not tool-provider responsibilities. Whoever publishes the creative is the one who must verify before it ships.
No tool vendor in this category does, and we won't pretend to. What we will do is be transparent about which upstream providers we use, what their training-data posture is, what safety filters we apply on top, and how to use our service in a way that maximizes the protections available to you. The 2026 introduction of standardized generative-AI exclusions in commercial-general-liability policies (ISO endorsements CG 40 47 and CG 40 48) makes this honesty more important than ever — neither vendor nor publisher should be relying on insurance that may no longer exist.
When an agency uses Ad Legends to produce work for its client, the agency is the publisher in that chain. Your obligation runs to your client; ours runs to you. We do not become a party to your downstream agreement, and any indemnification, warranty, or service-level commitment you make to your client is yours alone — not ours. We strongly recommend, consistent with ANA and 4As guidance, that you obtain your client's informed written consent to AI use before delivering AI-assisted work.
A short reference your producer or general counsel can read in under a minute.
Ad Legends' job | Your job (the publisher) |
|---|---|
| Provide AI-assisted creative tools and the underlying model integrations. | Decide what to publish, where, and to whom. |
| Apply default safety filters from upstream model providers (OpenAI moderation, Adobe content credentials, etc.). | Independently review every output before use; assume no filter is perfect. |
| Pass through any indemnification, copyright shield, or commitment our upstream providers extend to us — on their terms, not ours. | Read the upstream provider terms (linked below) and understand their conditions and carve-outs. |
| Document our training-data posture and the providers we use, and update this page when those facts change. | Obtain all third-party rights, releases, talent consents, music licenses, and brand approvals before publishing. |
| Provide reasonable cooperation if a Claim is made against the upstream provider in respect of output you generated. | Carry your own media-liability, errors-and-omissions, and advertising-injury insurance — and confirm that coverage extends to AI-generated content. |
| Refuse, on request, to be a party to your downstream agreement with your client. | Stand behind the deliverable to your client. If you indemnify your client, that's your contract; we are not party to it. |
| Honor the limited indemnification expressly stated in our Terms of Service and in any executed Enterprise AI Content Addendum. | Make no representation to your client beyond what you are willing to back yourself. |
A practical list your producer can run through before any AI-assisted creative leaves the building. None of these are unique to Ad Legends — they are publisher fundamentals that AI has made more important, not less.
Likeness, voice, and persona
Does any face, voice, body, signature gesture, or stylistic mannerism in the output resemble an identifiable real person? If yes, do you have written, signed consent from that person (or their estate, if applicable) on file? If not, do not publish.
Talent and union rules
Are there performers (real or synthetic) in the work? If yes, have you complied with the SAG-AFTRA Commercials Contract (effective April 2025) digital-replica provisions, including written consent, scope description, and 1.5× scale plus use fees where applicable? Have you cleared any other applicable union, guild, or collective-bargaining agreement?
Trademarks and brand identity
Does the output include any third-party trademark, logo, trade dress, packaging, vehicle, or proprietary product configuration? If yes, do you have permission, or does your use clearly fall within an applicable fair-use, nominative-use, or comparative-advertising safe harbor?
Music and audio
Does the output include musical composition or sound recording? If yes, do you have synchronization rights, master use rights, and any required performance license? Library tracks: do they extend to AI-assisted creative? Voice clones: do you have rights to the underlying voice?
Substantive copyrighted works
Does the output substantially reproduce, evoke, or imitate any specific copyrighted work — a photograph, illustration, character, film clip, or design — that you do not have a license to use? ‘Inspired by’ is not a license.
Advertising claims
If the work makes any factual claim about a product or service (efficacy, comparison, superlative, testimonial), do you have substantiation on file consistent with the FTC Endorsement Guides, NAD/CARU standards, and any applicable state or industry-specific regulator? AI-generated text is no exception.
AI disclosure
Does any applicable platform, regulator, or your own client require disclosure that AI was used in production? (FTC AI-content guidance, state deepfake statutes including Tennessee's ELVIS Act, EU AI Act Article 50 transparency obligations for synthetic content.) If so, where will the disclosure appear?
Insurance
Have you confirmed with your broker that your media-liability, errors-and-omissions, and commercial-general-liability policies cover AI-generated content? Many policies introduced AI exclusions in 2026 (ISO endorsements CG 40 47 and CG 40 48). Do not assume coverage.
Client consent (agencies only)
If you are an agency, has your end-client given informed written consent to the use of AI tools (including Ad Legends) in the production of this deliverable, consistent with ANA Media Buying Contract and 4As guidance?
Sign-off
Has a named human at your organization reviewed and approved the output for the specific use case it is being published into? Keep that record.
The questions agency producers and general counsel actually ask us.
Will Ad Legends indemnify us against any third-party claim arising out of AI output we publish?
No, and no reputable AI tool vendor in this category will. What we will do is pass through, on the same terms, any indemnification or copyright shield extended to us by the upstream model provider whose model produced the relevant output (e.g., OpenAI’s Copyright Shield on the Enterprise / API tiers, Microsoft’s Customer Copyright Commitment for Copilot-derived output, Adobe’s Firefly enterprise indemnification, or Anthropic’s commercial protections). Each of those programs has its own conditions and carve-outs — most importantly, none of them cover modifications, combinations with other tools, customer-supplied content, or attempts to generate infringing material. Section 7.3 and Section 13 of our Terms describe exactly how this pass-through works.
Did your training data include our brand, our spokesperson, or our copyrighted assets?
Ad Legends does not train its own foundation models. The models we route to (OpenAI, Anthropic, Google, Adobe, Black Forest Labs, fal.ai, ElevenLabs, ByteDance, Replicate, and others) each have their own training-data disclosures, which we do not control and cannot warrant. If a particular brand-safe posture matters to you (for example, Adobe Firefly’s commitment to train only on licensed and public-domain content), we can route specific generations to that provider and tell you which provider produced which output.
Who owns the AI output we generate on Ad Legends?
Subject to your subscription tier and the limitations in our Terms, you do. The same Terms make explicit that ownership is subject to U.S. copyright law, which currently restricts federal copyright registration of works lacking sufficient human authorship (Thaler v. Perlmutter; U.S. Copyright Office, January 2025 guidance). That is a constraint of the law and applies to every AI tool on the market — not a constraint imposed by us.
If we’re sued because something in the output looks like a real person, is that on you or us?
On you, the publisher. Right-of-publicity and likeness claims are uniquely sensitive to what is actually published, by whom, and in what context — none of which the tool vendor controls. Section 8.1 and Section 8.2 of our Terms make clear that AI-generated likenesses are synthetic and not based on identifiable individuals unless you specifically license one, and that you assume responsibility for any use that implicates a real person’s rights. We strongly recommend treating any output that looks identifiable as a likeness clearance issue, full stop.
The FTC says the advertiser is responsible for ad claims regardless of how the ad was made. Does AI change that?
No. The FTC Endorsement Guides and the FTC’s broader substantiation doctrine apply to ads regardless of production method. AI-generated text, audio, video, or imagery does not shift FTC liability from the advertiser to the tool. If your work makes a factual claim, you must be able to substantiate it.
What about SAG-AFTRA — does Ad Legends produce union-clearable digital replicas?
Ad Legends does not generate digital replicas of any specific identifiable performer unless you upload reference material and explicitly direct the tool to do so. If you do that, you are responsible for SAG-AFTRA Commercials Contract compliance — including written consent, scope description, and minimum 1.5× scale session fee plus use and holding fees — for every commercial featuring the digital replica. Section 8.3 of our Terms says this in the contract; this page says it in plain English.
The 4As / ANA published an ‘AI Rider’ template. Does Ad Legends accept that template?
The ANA AI Rider (developed with Venable LLP, 2025) is written from the advertiser’s perspective for use with their agency. It is not a tool-vendor agreement, and it asks for indemnifications and warranties that no tool vendor in this category extends. We are happy to review specific clauses an agency wants to negotiate up the chain, but our customer-facing Terms are not the right place to embed an advertiser-authored Rider. Our AI Content Addendum (linked below) addresses the same risk allocation in a tool-vendor framework.
Our insurance broker wants to know what you carry. Can we see your policy?
We carry technology errors-and-omissions and commercial-general-liability coverage appropriate for a U.S.-based SaaS provider; certificates of insurance are available to enterprise customers under NDA on request. Note that the 2026 ISO endorsements CG 40 47 and CG 40 48 introduced standardized generative-AI exclusions across the CGL market — neither we nor any of our peers can rely on traditional CGL alone to backstop AI risk, and you should confirm your own coverage with your broker.
We need a contract version of all of this. Where is it?
The Ad Legends AI Content Addendum is published at /policy/ai-content-addendum. Enterprise customers can request a countersigned version via legal@adlegends.ai.
Public links to the upstream programs whose protections we pass through, where available. Read them — they have meaningful conditions and carve-outs.
OpenAI Copyright Shield
Enterprise / API tiers; excludes customer content, customer applications, third-party combinations, and customer modifications.
Microsoft Customer Copyright Commitment
Requires use of Microsoft’s built-in safety filters and prohibits attempts to generate infringing content.
Adobe Firefly Enterprise IP Indemnification
Trained on licensed Adobe Stock and public-domain content; covers Firefly-only output, not user-added elements.
Anthropic Commercial Protections
Commercial / API / Enterprise tiers; consumer tier excluded.
Google Cloud Vertex AI
Indemnifies eligible generated output for enterprise customers, subject to use of safety features.
Nothing on this page creates an attorney-client relationship between Ad Legends, Inc. and any reader. The legally operative document is the Ad Legends Terms of Service at /terms and, where applicable, an executed Ad Legends AI Content Addendum or enterprise master services agreement. If your use case has unusual exposure (political advertising, healthcare claims, election content, regulated financial products, depictions of real public figures), engage your own outside counsel before publishing.
Enterprise customers can attach the Ad Legends AI Content Addendum to their MSA. It captures the same position in contract form, with full definitions and an indemnification-allocation clause.