Legal risks for AI content in tourism

Tourism professionals using AI to create content face several legal risks, according to legal expert Chloé Rezlan. The first risk is unintentional plagiarism, as generative AI may reproduce protected works without the user's knowledge, potentially leading to copyright infringement lawsuits.

AI-generated content lacks copyright protection

A second risk is the lack of protection for AI-generated content, as such content is not protected by copyright, unlike traditional human-created works. This means that if AI creates something unique, the user cannot claim ownership or legal protection over it.

Transparency requirements under the AI Act

A third risk is the lack of transparency, particularly under the European AI Act, which mandates transparency for AI-generated content that imitates reality, such as deepfakes. Failure to comply with these transparency requirements could result in non-compliance and potential charges of deceptive commercial practices.

Liability for AI-generated errors

Professionals who publish AI-generated content are held responsible for any errors, misleading information, or third-party rights infringements, according to Rezlan. This was illustrated by the 2024 case involving Air Canada, where a court ruled the company liable for incorrect information provided by its chatbot.

Legal requirements in tourism

In the tourism sector, this liability is heightened due to legal requirements for accurate pre-contractual information and the prohibition of deceptive practices. Any inaccuracies or misleading content can lead to legal consequences, especially when dealing with potential customers.

Avoiding copyright and publicity rights issues

To mitigate copyright and other legal risks, professionals should avoid prompts that directly reference protected works, instead focusing on describing desired atmospheres, colors, and emotions. Similar caution is needed regarding the right of publicity and trademarks, as AI-generated visuals resembling real people or displaying logos should not be published as is.

Copyright requires human contribution

For content to be protected by copyright, it must demonstrate a genuine human creative contribution, which can be documented through successive versions, prompts, and modifications. This ensures that the work is considered original and eligible for legal protection.

Data privacy and security concerns

Tourism professionals must also be cautious about the data they transmit to AI tools. Personal data, sensitive data, and confidential information should not be shared, as they could be transferred to third parties or used to train AI models. Strategic company information, such as pricing grids and client files, should also be protected.

Best practices for data handling

Best practices include systematically anonymizing data, using professional AI tools that ensure data non-reuse, and verifying the hosting compliance with regulations such as the GDPR. This helps protect both the company and its clients from potential data breaches or misuse.

Legal framework and good practices

The most common legal error observed among professionals is treating AI as a free territory without considering the existing and growing legal framework. The AI Act imposes transparency obligations, and failure to comply can lead to legal repercussions. Five good practices for using AI include treating AI as a company project, adopting an AI usage charter, verifying the suitability of tools, systematically revising AI-generated content, and documenting the creative process to ensure traceability and legal protection.