Disclaimer: This article is for informational purposes only and should not be used in place of legal advice. If you have a contract-related query or issue, consult a lawyer.
Incorporating artificial intelligence (AI) guidelines into freelance writing contracts isn’t just a good idea — it’s a must. With AI content appearing in the top search results on Google, it's clear that many writers and businesses are already using this technology.
So, it’s essential to communicate your position when hiring writers. A freelance writing contract provides a perfect place to lay it out in clear, unambiguous terms and start your relationship off on the right foot.
To help make this process easier, we’ve put together some tips on addressing AI in writing contracts. First, though, let’s go over the benefits of doing so.
Whether you’re using AI to create a writing contract or coming up with one on your own, there are several reasons why you should include AI guidelines:
Providing a written document outlining your AI guidelines is the best way to avoid misunderstandings with a freelance writer. Verbal instructions can be easy to forget or misinterpret. However, a written contract provides a clear reference and agreement.
You may run into copyright issues if you receive an entirely AI-generated article from a writer.
AI tools pull from a wide range of data to produce content, and this has the potential to result in copyright infringement. Consider the various companies and individuals who brought lawsuits against OpenAI, the creator of ChatGPT.
Then there’s the issue of ownership. To date, no one owns AI-generated content. So, if a writer uses AI to create entire articles, blog posts, or anything else, this content won’t be eligible for copyright protection.
It may be passable at first glance, but generative AI text has several issues. Unfortunately, these AI hallucinations and errors can cause serious problems for businesses.
Without providing writers with AI guidelines to safeguard the accuracy and integrity of content, companies risk losing audience trust and brand authority.
Finally, when a freelancer signs a writing contract that includes an AI policy, it provides peace of mind for both parties. It keeps the hiring company and the freelance writer on the same page, so the standards for submitted work are clear.
While AI use guidelines will look different for every company, the most effective ones tend to share a few things in common.
Here are some tips for addressing AI in writing contracts.
In the contract, there should be no question about when and how writers can use AI in their content creation process.
Example: The contract could outline that using AI is acceptable for brainstorming, content ideation, or drafting content briefs. However, it could state that generating entire articles with AI is unacceptable.
Laying out exactly where writers can and cannot use AI streamlines content production and avoids any confusion down the road.
It’s essential to manage contract risks from the get-go by including the consequences for breaking AI use guidelines in the contract.
For example, you could include a clause that requires freelancers to rewrite articles if they contain a certain amount of AI-generated content. The specifics will depend on your company’s policies.
Inform writers if AI detection will be part of the review process. It’s important to be clear about when and if an AI detector will be included in the content review.
However, keep in mind that false positives (when an AI detector identifies human-written text as AI) do occur in AI detection. To avoid false positives, use the Originality.ai Chrome Extension to show the writing process from beginning to end in Google Docs. Learn more about AI detection accuracy.
Considering looking for AI text manually? Multiple research studies have found that humans aren’t as good as they think they are when it comes to identifying generative AI text.
As AI technology continues to revolutionize how companies and individuals produce content, it’s become essential to include guidelines surrounding its use in writing contracts. However, you should do so thoughtfully.
The key takeaway? The next time you’re looking to hire a freelance writer, take some time to sit down and think about your AI policy. The guidelines should prioritize providing transparency and enhancing the quality of work. Further, they should clearly list AI do’s and don’ts, identify the consequences of breaking the rules, and include information about AI detection methods to ensure that you and your new writer are on the same page.
