Last week, Space & Time’s Heather Connearn joined a panel of industry experts (Mike Octigan, Sukanya Wadhwa, Stephen Lowry and Martin Ayrton at the BIMA Masterclass: AI and Copyright – What Do Brands Need to Know?, to explore where the law, innovation and marketing intersect, and what that means for brands in the year ahead.
The topic certainly sparked lively debate and a discussion around one big question: how can brands use the power of AI while protecting creativity and staying compliant?
Why this conversation matters
Artificial Intelligence has changed the way we create, analyse and communicate. From campaign concepting to content generation, AI tools are unlocking new levels of speed and scale, but with that raises some pretty big questions such as:
- Who owns AI-generated content?
- What rights do brands have over data-trained models?
- How can we protect the spark of human creativity amidst all this automation?
Key insights from the experts:
1. The transparency gap
One of the evening’s biggest takeaways was that the AI industry still lacks transparency. As Stephen Lowry from Brandsmiths noted, “We still don’t know what we don’t know.”
From how AI models are trained, to who owns the data behind them, there’s a growing awareness that both creatives and brands are operating in a system that hasn’t yet caught up with the speed of innovation.
2. Legislation playing catch-up
It’s clear that regulation is struggling to keep pace. While the EU is ahead of the game, offering “opt-in” and “opt-out” rights for copyright owners, the system isn’t perfect, and as the upcoming UK report (due February 2026) will hopefully explore in more detail, the current model simply isn’t working.
AI tools have already been trained on copyrighted content, meaning “the genie is out of the bottle”, leaving governments and legal systems scrambling to find balance between innovation and protection.
In this “Wild West,” both rights holders and AI developers are calling for the same thing: clarity.
3. Protecting clients in the AI age
For agencies and brands, the practical question is: how do we protect ourselves and our clients right now?
Here are some pragmatic steps from our Managing Director, Heather Connearn:
- Document your process. Record your prompts and creative journey, how the output was produced and with which tools.
- Know your tools. Understand the policies and data sources behind the AI systems you use.
- Audit regularly. Conduct a full review of your assets, where they come from, and how they’re being used.
Heather emphasised that “locking it down is difficult, but very important.” A structured, transparent approach not only protects your IP, it builds client trust.
4. Industry insights: collaboration, not conflict
Interestingly, there’s an appetite for collaboration rather than confrontation.
The music industry is a prime example – once fiercely protective, now looking to work with AI platforms to ensure creators are paid fairly for their contributions.
5. Building your AI strategy
For many in the room, it felt like the biggest challenge wasn’t the law, but in fact where to start.
AI feels really overwhelming, but the advice was pretty consistent, in terms of looking strategically at your business:
- Document your workflows and consider how AI could influence them. Start small, focus on one or two areas and then look for ways to connect those efforts across the organisation.
- What resources or training do you need?
- How can you build an AI strategy that connects every part of your organisation?
At Space & Time, this methodical approach is something our team champions daily. As Paula Hijosa, our AI Lead, explains:
“An effective AI strategy starts with clarity and confidence. Brands should experiment boldly, but within a framework of governance that protects data and upholds ethics.
At Space & Time when adopting new AI technology, we run a rigorous testing framework that identifies the best solutions for our clients.
It’s also important to embed AI literacy across every team, so innovation isn’t siloed, it becomes part of your culture. When people understand both the potential and the guardrails, AI stops feeling overwhelming and starts driving real value”
6. Choosing the right partners
When selecting agencies or suppliers, brands were encouraged to dig deeper into how AI is being used.
That means looking for:
- Transparent mapping of creative processes
- Documented due diligence and audits
- Clear communication and accountability
- Dedicated resources, such as AI prompt playbooks and policy frameworks
Reflecting on this shift, Heather highlighted how agencies must now act as both partners and guardians of responsible AI use:
“It’s no longer enough for agencies to simply adopt AI tools; they must lead with intent. That means guiding clients toward opportunities that deliver real value, while ensuring every application meets the highest standards of data privacy, security, and ethical practice. Agencies must become strategic partners to their clients (if they are not already!), staying ahead of the technology curve and setting transparent governance frameworks.”
The consensus
AI certainly isn’t going away but it can’t exist in a legal vacuum either. The marketing industry needs stronger frameworks, more transparency, and smarter collaboration to avoid the chaos of this so-called “Wild West”.
At Space & Time, we believe in using AI with integrity, creativity and clarity. If you’d like to talk about how to future-proof your own marketing strategy with responsible AI, check out our dedicated AI page and AI audit offerings, or get in touch with our experts.
