Not long ago, I had a client who handed an article draft to me. Proudly, they announced that they’d “written” it with the help of AI. They wanted me to edit it.
I refused.
I told them why, and this is something I think we all need to caution our clients about because they are not creatives and wouldn’t necessarily know this.
Tell your clients this: AI isn’t just “helping you write.” It’s learning how to write like you and on that topic. That means the next company — maybe a competitor — is going to get results that sound a lot like your company. Or maybe verbatim wording.
If that doesn’t bother them, tell them this: AI could also be giving you phrasing and ideas that are copyrighted by another company or individual. That is litigious territory. It could damage your reputation, your sales, your bottom line.
If they’re unmoved, you have a choice, my writing friend.
- You can continue to work with them as usual
- You can work with them after you transfer the risk of AI onto them
- You can drop them
I chose the middle stance. I warned my client, in writing, that this was a dangerous practice and for the reasons I’ve stated above. Thankfully, they chose the right path.
If you choose #1 and continue to work with them without making a fuss, here’s what can happen:
- They get sued
- They turn to you for why you didn’t catch this
- You claim ignorance
- One of you loses in court
Your other two options are a much, much better outcome for you.
Let’s look at that second one — transferring the AI risk onto them. This is something you can do quite easily. A contract clause. To this point I’ve not had to use it. Lately, however, I’m seeing more requests to incorporate AI into my process, which I will not do.
(I’m not a lawyer, so what I tell you should indeed be passed by a contract attorney to ensure you’re not missing anything.)
Going forward, my contract clause, which I repeat in email, will be stating:
Use of Artificial Intelligence
Any use by client of artificial intelligence (AI) platforms or programs to generate content before, during, or after creation of original content automatically voids the contract. Writer is not responsible for errors, omissions, or copyright infringement stemming from the use of AI in the creation process. This excludes AI-transcribed interviews and notes used to create content.
That last line is important. I use Otter.ai to transcribe phone interviews. It’s a massive time-saver and, in my opinion, the proper use of an AI product. If you use a similar transcription product, keep that line intact. And always inform your clients upfront (and on tape) that you’re using AI to record and transcribe.
Any client who uses AI beyond interview transcription is breaching the contract. They owe you money and you need to decide if it’s a one-off mistake. If they continue, it might be best to stop working with them.
Are you facing situations with clients or potential clients that involve AI?