AI is already inside your agency. The real question is: are you managing it — or is it managing you?
At PRBI’s January JAM, Davis+Gilbert partners Samantha Rothaus and Michael Lasky broke down the legal risks that boutique communications agencies are walking into every day when they use AI tools without a clear governance plan.
Here’s what every agency leader needs to know:
- AI-generated content isn’t copyrightable. If a human didn’t meaningfully author it, you can’t protect it — and neither can your client.
- Infringement risk is real. Generative AI tools are trained on copyrighted material. When your agency delivers infringing content, the liability doesn’t stop at the software company.
- Confidentiality gaps are hiding in plain sight. Free AI tools may store your prompts — including client strategies and unreleased product info. Enterprise-grade tools with real confidentiality protections are now the baseline.
- Regulators are moving fast. New York, California, and the EU are already requiring AI disclosure. Federal law is catching up. The time to get ready is now — not after a lawsuit.
The agencies winning this moment are the ones treating AI governance as core infrastructure: internal policies, updated contracts, vendor obligations, and documentation of human oversight. Unmanaged AI is the threat. Not AI itself.