Sora 2 Copyright Calculations Highlight new Role for Agencies as Risk Whisperers
OpenAI launched Sora 2 — a video generation tool with social networking ambitions — using an initial “opt-out” copyright policy. This meant artists and advertisers had to request exclusion from the model’s training data. The backlash was swift, and founder Sam Altman reversed the policy to opt-in after criticism from publishers, studios, and artists.
The debate comes amid over 30 ongoing copyright lawsuits against AI companies. Governments are also weighing changes to IP laws, with the U.K. considering easing rules to support tech innovation. In the U.S., critics like Josh Hawley have called mass data scraping “the largest intellectual property theft in American history.”
For advertisers, the Sora 2 controversy underscores the growing legal complexity around copyright and AI. Agencies are now critical legal advisers, helping brands navigate copyright risks and AI partnerships. Legal counsel is no longer just about inspiration or homage — it’s integral to client strategy.
Concerns are twofold: protecting brand IP (e.g., mascots, logos) from misuse in AI-generated content and ensuring compliance with copyright laws. Viral, harmful depictions could damage carefully built brand reputations.
Ultimately, brands face a choice: opt in to gain engagement through user-generated content but risk losing control, or opt out to protect their IP but potentially forgo opportunities. As one agency leader noted, the speed and realism of AI content creation make these risks more pressing than ever.