I’ll admit it – I love a good AI tool. There’s a lot of hype around AI at the moment, and I’ve explored its potential myself. Over the past few years, I’ve used AI to generate ideas, streamline content creation, automate feedback, and experiment with AI voiceovers and avatars. But here’s the thing: as I’ve worked with clients and experimented with these tools, I’ve noticed a significant lack of awareness regarding  AI-generated content risks and a lack of regulations and policies surrounding AI. This lack of awareness can potentially lead us, designers and developers, into legal trouble without them even realising it.

For example, whenever I start working with a new client, I inquire about their AI policies, the tools they’ve approved for use, and the scope of usage. More often than not, they’re hearing about such things for the first time.

Just last month, I read about a course creator who discovered her entire video series had been cloned and reposted with AI-generated voice and all on another site. She was understandably upset, but also completely unprepared for the legal steps. It was a wake-up call: if you’re creating courses, you must be aware of the risks and consequences associated with AI. It’s not just about copyright anymore; it’s about protecting your reputation and your creative work.

Why AI Risks Matter for eLearning Designers

AI has the potential to revolutionise the field of learning design. We can automate tedious tasks, personalise the learning experience, and create content more efficiently than ever. But with this increased efficiency comes increased responsibility (and, unfortunately, increased legal complexity).

If you’re using AI to write, design, or even narrate your course materials, you might be opening yourself up to risks you haven’t considered. Let’s examine some of the most significant AI-generated content risks and dangers I’ve encountered.

The Copyright Minefield of AI Training Data

Imagine this: you’re using an AI tool to generate images or music for your course. You assume everything is legally sound, but then discover the AI was trained on copyrighted works without permission. Suddenly, you could be liable for copyright infringement, even if you had no intention of breaking the law.

This is precisely the issue at the heart of the Getty Images v. Stability AI lawsuit, where Getty claims that Stability AI scraped 12 million copyrighted images to train their model without authorisation. They were seeking $1.7 billion in damages! Even open-source AI models can be problematic if their training data isn’t above board.

Tip: Always check if your AI tool discloses its training data sources. If you can’t verify the legality of the data, avoid using the tool or opt for platforms that guarantee ethically sourced or licensed datasets.

When Your Voice Isn’t Your Own: Voice Cloning Risks

Here’s a scenario I never thought I’d see: a voice actor records lines for a course, only to find her voice cloned and used in dozens of other projects, without her consent. That’s what happened in the LOVO AI lawsuit, where voice actors allege their recordings were misused to train AI voice generators.

With voice cloning scams on the rise, it’s not just celebrities at risk-anyone’s voice can be stolen and misused. Some places (California, for example) are starting to require clear labelling of AI-generated voices, but most of us are still on our own.

Tip: If you’re outsourcing voiceovers, make sure your contracts explicitly ban using those recordings for AI training unless you’ve agreed to it. And if you’re using AI voices, always disclose it to your learners.

The Hallucination Hazard: When AI Makes Stuff Up

AI can be brilliant, but it can also be…well, a bit of a fabulist. I’ve seen AI generate completely inaccurate information and present it as fact. In one case, an AI-powered writing tool fabricated historical events and legal precedents for a compliance training course. Imagine the consequences if learners acted on that misinformation! It can invent statistics, I even seen it “quoting” experts who never said a word on the topic. Just ask the law firm Morgan & Morgan, which got sanctioned after submitting court filings full of fictitious cases hallucinated by AI.

Tip: Fact-check everything. Treat AI-generated content as a first draft, not a finished product. Rigorous review and human oversight are essential.

Real-World Stories: AI Risks in Action

I know that nothing works better than the actual real-life examples, so here are a few case studies I dug up:

Story 1: The Artist’s Nightmare

Imagine you’re an illustrator, and suddenly your unique style is being replicated by an AI, without your permission. That’s what happened when Midjourney’s internal spreadsheet listed thousands of artists whose styles could be mimicked. Even amateur creators aren’t safe from AI scraping.

What I’d do: Use tools like Glaze to disrupt AI scraping and register your work with copyright offices that now have AI disclosure portals.

Story 2: The Course Clone

A Coursera instructor found AI-generated clones of their course structure, assessments, and everything on a third-party platform. A DMCA takedown helped, but litigation is still pending under new EU rules that protect course design as intellectual property.

Tip: Implement digital fingerprinting for your content, and monitor platforms for unauthorised duplicates.

Story 3: Deepfake Student Submissions

At a university, several students were suspended for submitting AI-generated essays. They sued, claiming the AI detector was wrong. The case settled, but it shows why we need clear policies on AI use in education.

Tip: Update your academic integrity policies to address AI, and use transparent AI detection standards.

Protecting Your Work and Your Learners: 3 Actionable Steps

1. AI Policy Audit: If you haven’t already, create a clear AI usage policy for your business. Specify approved tools, data usage guidelines, and copyright protocols. There are plenty of resources online (like my Legal Checklist for AI in Learning Development) to get you started.
2. Update Your Contracts: Ensure your freelancer and vendor contracts explicitly prohibit unauthorised AI training or content scraping.
3. Get Insured: Look into AI liability insurance to protect yourself from unforeseen legal expenses.

Don’t Wait Until It’s Too Late

AI is here to stay, and I’m all for using it to make our lives easier. But don’t let the hype blind you to the risks. Take these steps now to protect your business, your creativity, and your learners. Got a story about AI risks in your own course creation? Share it in the comments-I’d love to hear how you’re handling these challenges.

If you want a handy checklist to keep your courses safe, grab my Legal Checklist for AI in eLearning.

References:

AI, Copyright, and the Law: The Ongoing Battle Over Intellectual Property Rights, By: Negar Bondari https://sites.usc.edu/iptls/2025/02/04/ai-copyright-and-the-law-the-ongoing-battle-over-intellectual-property-rights/

AI and Copyright Infringement: Creator’s Guide https://www.scoredetect.com/blog/posts/ai-and-copyright-infringement-creators-guide

Getty Images v Stability AI: https://petapixel.com/2024/12/19/getty-images-wants-1-7-billion-from-its-lawsuit-with-stability-ai/

LOVO AI lawsuit: https://natlawreview.com/article/lovo-voices-opposition-suit-over-kitchen-sink-approach-alleged-ai-voice-cloning

AI can steal your voice, and there’s not much you can do about it https://www.nbcnews.com/tech/security/ai-voice-cloning-software-flimsy-guardrails-report-finds-rcna195131

State Privacy Laws Address Unauthorized Voice Cloning https://www.legal.io/articles/5517670/State-Privacy-Laws-Address-Unauthorized-Voice-Cloning

Deepfake Accountability Act: https://cyberscoop.com/take-it-down-act-passes-house-first-amendment-encryption/

AI hallucination case: https://www.trainerbubble.com/the-dangers-of-using-ai-to-write-training-course-materials/

Midjourney artist scraping: https://www.theregister.com/2024/01/04/midjourney_artists_spreadsheet/

Coursera course clone: https://www.cnbc.com/2024/01/05/microsoft-openai-sued-over-copyright-infringement-by-authors.html

Deepfake student submissions: https://www.nbcnews.com/politics/2024-election/new-hampshire-voters-sue-biden-deepfake-robocall-creators-rcna143662

Unmasking Deepfakes: Legal Insights for School Districts https://www.aalrr.com/EdLawConnectBlog/unmasking-deepfakes-legal-insights-for-school-districts