Bad Blood: The Marketing Lesson Hiding in the Taylor Swift Deep Fakes Story

Image source: Rosa Rafael via Unsplash

The recent controversy involving the circulation of explicit AI-generated images of Taylor Swift has gotten a lot of press. It also sparked a justified outcry among privacy experts, intellectual property rights attorneys and Swifties.

But you don’t have to use AI to be an anti-hero in this story. If you’re a marketer who is using User Generated Content you found on the internet in your marketing campaigns without proper licensing, you could be making the exact same mistake that these hackers made. And, while it may not get the same front page headlines as this titillating tech story, it can still get you sued or damage your brand reputation.

In case you’ve been living under a rock, here’s the skinny: someone used an advanced AI program capable of creating lifelike images from textual prompts to create non-consensual pornographic material featuring Swift and posted it to X (formerly Twitter). This led to a surge of more such images on X and other social media platforms, some of which were viewed millions of times before being taken down.

X quickly took precautionary measures, like temporarily blocking certain searches related to Taylor, while her fanbase mobilised a counteroffensive using the #ProtectTaylorSwift hashtag to flood the platform with positive images of the singer. SAG-AFTRA, the labour union representing actors and performers, issued a statement emphasising the urgent need to make the development and dissemination of such fake images illegal, highlighting the societal responsibility to control these technologies before they inflict irreversible harm.

For marketers and creative professionals, this incident serves as a stark reminder of the critical importance of obtaining proper permissions when using images – including those found on the internet. Missteps in this area can lead to severe legal consequences, as evidenced by multiple cases where individuals have sued brands for using their content without consent.

Photographer Russell Brammer sued Violent Hues Productions for copyright infringement after the company used a copy of Brammer’s photograph found on the photo sharing site Flickr to promote its film festival without permission. At first the court found in favour of Violent Hues, stating that the use constituted “fair use”. But Brammer appealed and the decision was reversed.

In another notable instance, BuzzFeed found itself at the centre of a $3.6 million lawsuit after using a photographer's Flickr photo without permission. Similarly, Getty Images and Agence France-Presse (AFP) were sued for $1.2 million for using a photographer's Twitter images without consent. These cases underscore the critical importance of respecting digital rights and the costly consequences of overlooking them​​.

These cases collectively reinforce the necessity for brands to meticulously manage the use of UGC. It's crucial to obtain proper permissions, understand the scope of granted rights, and ensure that the usage aligns with the legal framework. Ignoring these steps can lead not only to financial loss but also to reputational damage, undermining the very authenticity and trust that UGC is meant to foster.

Content Ethics. Are You Ready For It?

Here are three takeaways for marketers, harmonised with the wisdom of Taylor Swift's lyrics, to navigate this new landscape prudently:

1. Seek Explicit Permission: “You Need To Calm Down” and ensure you obtain explicit permission for UGC, solidifying your right to use the content without any future disputes.

2. Understand Copyright Laws: "Look What You Made Me Do" is not a defence. Understanding and respecting copyright laws is crucial to avoid situations where you're forced to deal with legal repercussions.

3. Verify and Document: Make sure you can say “You Belong With Me” to every piece of content you use. Put a secure and verified process in place.

For marketers and creatives, the Taylor Swift Deepfake saga serves as a reminder of the role of authenticity and respect in the digital age. In a world where the line between reality and fabrication can be as thin as a pixel, the value of genuine, licensed, and respectful content cannot be overstated. The human response to the controversy reveals a collective commitment to safeguarding personal dignity and promoting a healthy digital environment. It's a narrative that transcends the realm of pop culture, touching the core of social media marketing, where every click, every image, and every share constructs the mosaic of our digital identity.

In this story, every marketer has the opportunity to be a protagonist, crafting campaigns that resonate not just for their creativity but for their conscience.