While All Hallows Eve might not be top of mind when you think of holiday ads, it should be. Halloween is growing in popularity and is the second-biggest retail holiday behind Christmas. With retail on the rise this year, advertisers should take note and take advantage of audiences ready and willing to spend on some spooky fun.

Our top ads from Halloween 2024

Every year there are so many fun and engaging ads to watch and 2024 is no exception. Here are the best of the best from Halloween this year.

Snickers

Snickers takes a fun spin on its famous “you’re not you when you’re hungry” campaign with this Zombie-building ad. The familiar format of the ad keeps things comfortable, while the twerking zombie animatronic makes its audience laugh. The ad gives its audience memorable humor while reminding them that Snickers are not just great for trick-or-treaters but for grown-ups too.

Disney+

Fear is here in Disney+’s 2024 Halloween ad. This ad does a great job of stringing together clips for everyone’s favorite Halloween movies and TV shows to draw in audiences and definitively show that Disney+ “is your haunted home.” Every year major streaming platforms and TV networks create ads to highlight their Halloween lineup, but this year Disney+ takes first prize. In part, this is because it cleverly leads its lineup with Agatha All Along, Marvel’s latest show and a viral success.  

Disney Parks

Disney isn’t just leading the pack by highlighting its TV and film content this spooky season, it is also doing a fantastic job promoting its parks. Travel is a big ticket in 2024, with holiday travel jumping 59% in the past two years. Disney Land and Disney World get the princess treatment in this spooktacular ad, getting the attention of parents and kids keen for their next holiday destination. 

Spirit Halloween

Spirit Halloween is a spooky season favorite for its huge selection of decor and costumes, but it isn’t usually noted for its commercials. And while this ad is a smaller production than the others on this list, it does what it needs to for its brand, and it does it well. Spirit Halloween latched onto 2024’s trendiest movies and online memes and uses this simple ad to highlight its selection of fan-favorite Halloween must-haves. The ad leads with costumes from Beetlejuice and the Joker, drawing in and engaging their target audience.

Key Halloween trends for advertisers

The spooky season is growing rapidly with consumers, but it isn’t catching on as quickly with advertisers. While retail spending is on the rise for Halloween, only the most traditionally spooky brands have ads on our list – or big-ticket ads at all! While we’ve come to expect fun ads from candy companies like Snickers, family-friendly entertainment brands like Disney, and costume houses like Spirit Halloween, other big brands that sell Halloween have yet to make a big appearance. 

In future years, as Halloween continues to grow in popularity, there’ll likely be more competition. We’ve got our eye out to see which new brands jump on the Halloween bandwagon first.

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Google is now in a Virginia court defending its digital advertising business against monopolizing allegations, a process that is estimated to take four to six weeks. 

The potentially groundbreaking trial began on September 9, 2024, and could mark the beginning of the end for Google’s ad tech business as we know it today. If found guilty, Google would be forced to break up its business and divest its ad server and ad exchange. This would 

make room for competitors to get their own foothold in the digital ad business. 

After this ordeal concludes, Gannett, the owner of over 200 local news outlets and USA Today will be able to proceed with its own suit against the search giant – also pertaining to Google’s alleged monopolizing of the digital ad market. The pending federal lawsuit was filed in New York in 2023.  

With Google facing the fire, how do other digital giants avoid the DOJ’s ire? To understand what is happening in the ad world right now, we first need to understand what anti-trust laws are and how they operate. 

What are anti-trust laws? 

Anti-trust laws are designed to protect the economy and the population from monopolies. In this case, monopoly doesn’t refer to a fun family board game, but an economic situation where one company owns an entire sector with no regulatory oversight. This shuts out all competition and makes breaking into that market almost impossible. Competition is an essential part of a capitalist economy, and blocking monopolies is in the best interest of the economy and consumers. 

The US first passed antitrust legislation in 1890. The Sherman Antitrust Act specifically targeted the Standard Oil Trust, a corporate trust founded by John D. Rockefeller in 1870. Standard Oil was ordered to divest in 1911 by the state of New Jersey as a direct result of the Sherman Antitrust Act.  

This first section of the act prohibits private companies from preventing trade between states or foreign countries. The second section prohibits any attempt to monopolize any trade or commerce in the US. Companies found to be violating the Sherman Act can be ordered to dissolve their organizations and may also face fines and/or imprisonment. Other organizations can also sue for damages if they can prove their business was injured by the violations. 

In addition to the Sherman Act, the US formed the Federal Trade Commission in 1914 to help regulate unfair trade practices and methods of competition. The US government also enacted The Clayton Act in 1914. This act bans any mergers or company acquisitions that would create a monopoly. 

In 2024, antitrust cases are typically prosecuted by the US Department of Justice’s Antitrust Division. On occasion, the Federal Trade Commission will also try their own cases. These pieces of legislation, though over a century old, are still strictly enforced and central to the preservation of competition in the US. 

Legal precedent 

The wins and losses of antitrust trials set precedents that define how cases are decided going forward. A couple of famous examples of anti-trust cases from modern memory include: 

United States v. Microsoft: 

In 2001, Microsoft was accused of monopolizing the web browser market. It was alleged that by forcing computer manufacturers to automatically install Internet Explorer on Windows operating systems, that Microsoft was participating in unfair competition practices. The court initially ordered that Microsoft break up into two separate companies, although upon appeal the company received a small penalty. 

United States v. Google:

In 2023 Google was charged with violating section two of the Sherman Act and was found guilty. The company was found to have an illegal monopoly over the search market and in September 2024 hearings began to discuss solutions. Parts of Google may be forced to break off into smaller companies. 

Anti-trust trials are a huge deal. The organizations involved are almost always well known to the public and the outcome of these trials changes the business landscape for entire industries. There is always big money on the line and smaller companies are often collateral damage. 

As to how this latest anti-trust case will play out for Google, only time will tell. Regardless of the penalties faced by the search giant, the world of search advertising is about to be upended.

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The history of email marketing starts with the birth of email itself in the 1970’s. Larry Roberts invented the very first email management system in 1971. With Robert’s system users could list, select, forward, and reply to received messages. These electronic mail messages quickly became email as we know it today. And marketers were right behind the general public in learning how to use online messaging to communicate efficiently. 

“Electronic mail message” became an outmoded term by 1982 and the term “email” swept in to take its place. 

The start of email marketing

After the invention of Rober’s system, email management systems grew rapidly – and marketers paid close attention. In 1978, the first recorded marketing email was sent. This simple email resulted in a whopping $13 million in sales, solidifying email as a key part of a successful marketing strategy. 

Email marketing grew rapidly, and alongside its climb came increased recipient frustration and ad fatigue. Unwanted emails and overbearing messaging lead to demand for filters and regulations. Annoying emails were on the rise and in 1988 the Oxford English Dictionary added a new word to its dictionary; Spam: “To flood with a large number of unsolicited postings, or multiple copies of the same posting. Also intransitive: to send large numbers of unsolicited messages or advertisements.”

While email marketing could be effective, when overdone the results weren’t increased sales, but a perceived bombardment from users. As a result, marketers adapted their strategies, and twenty years on, in 2003, the CAN-SPAM Act (and other similar initiatives) built a new standard for commercial emails. Marketers now needed to obtain a user’s consent if they wished to add that user to an email list. 

While regulations may seem like an attack on email marketing, in this instance they were actually a boon. Marketers were able to maintain this critical stream of communication while limiting customer frustration. Email lists later also became a crucial part of first-party data strategies. 

Email marketing continued to grow as the internet exploded in popularity. The medium also shifted and changed as new technologies became available. Today, email marketing remains a central part of every brand’s playbook and a crucial way to reach and communicate with both new and existing customers. 

Where email marketing is now

In 2024, email marketing remains one of the most important communication methods between customers and businesses. The strategy has a high ROI and lets marketers have direct, tailored conversations with potential customers in a way no other marketing method allows. 

Spam remains an issue for email marketers, as does over-exposure. Email marketers must keep messaging fresh and adjust their strategies to prevent ad fatigue and encourage engagement. 

Critical parts of an effective email marketing strategy

Building an effective email marketing strategy starts with clear goals, a defined target customer, and a healthy email list. These steps are crucial to a successful email campaign:

1. Define your campaign goals: Email marketers need to define short-term and long-term goals for their campaigns. Gather context – including average metrics for the industry, and outline what your expected response will be given current and past campaigns.
2. Define your target audience: Marketers need to understand their readers inside and out, this way they can target their language and content effectively. Start campaign planning by building a persona. Use this framework to work around pain points and tailor campaigns.
3. Build a healthy email list: Don’t rely on purchased email lists, instead build your own. You can do this with data from existing customers and by using incentives like ebook downloads and discount offers. A healthy email list represents your target audience. 
4. Gather data and analyze metrics: Define which metrics are important to your campaign goals. Collect and measure this data on an ongoing basis, adjusting your strategy accordingly. 

Email marketing is as old as the internet and while it has changed a great deal over the years, its importance has remained steadfast. One thing, however, has remained consistent over the years: spam-conscious communication has always won over more customers than blanket messaging. That being said, email will continue to change as attitudes and technologies evolve, as will the strategies marketers use to leverage email for their business – who knows where email may end up another decade from now.

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Beginning in 2019 with the launch of Disney+, the “streaming wars” captured the attention of TV producers and audiences everywhere. Now, forecasters have dubbed 2024 the start of the ad-supported streaming war and advertisers are on the edge of their seats – anxious to see which platforms and strategies will win the battle. 

But how did streaming advertising get to where it is today? 

The start of streaming advertising 

Streaming advertising started in 1941, believe it or not. Since streaming comes from the linear TV tradition, its origin is the same, an ad slot 

In the early 1940s, only 4000 TVs sat in New York City homes. On those TV sets, during a Brooklyn Dodgers and Philidelphia Phillies game, the first ever commercial aired. The 10-second ad for the Bulova Watch Company took a coveted place before the first pitch and dazzled audiences with a simple, unmoving image and a straightforward voice-over: “America runs on Bulova Time.” This simple ad changed TV and advertising forever. 

Ad formats evolved over the years. From prime time slots to high-profile sponsorships – advertisers have spent the decades learning to leverage audience attention at every interval. Now, over eighty years later, linear TV and CTV ad spending is projected to reach $100 billion by the end of 2027 in the US alone.

Now, streaming aims to replace linear TV in most homes. With Over-the-top  (OTT) and Connected TV (CTV) taking over, advertisers are once again evolving to reach audiences how and where it is most effective.  

How streaming advertising got where it is today

Linear TV was the king of commercial advertising for the majority of the 20th century and well into the 2000s. When digital advertising first came onto the scene, the linear TV market held onto its foothold, but with CTV and OTT platforms climbing to prominence, advertisers are switching their allegiances. 

In 2023, the ad industry saw significant growth, particularly CTV. Global revenue for CTV reached $25 billion that year, and forecasters predict this expansion to continue. Projections show CTV ad spending will reach almost $29.29 billion in 2024 and will climb to $36.86 billion by 2026. The streaming market is booming. 

Streaming giants like Netflix and Amazon Prime aren’t new, but they are growing rapidly. Notably, during the early 2020s subscription-based video-on-demand platforms saw a massive spike in growth. While this rate of growth hasn’t continued, the platforms haven’t seen a decline either. Audiences are sticking with streaming. 

Netflix and Amazon Prime are also leading the way in ad-supported streaming, building their future growth on ad-supported subscription tiers. Netflix first launched its ad tier in 2022 and Prime followed in 2024, starting an era some are calling the “ad-supported streaming war.” Advertisers should be excited by the competition, one that could lead to better product development or lower prices. 

Interestingly, Prime has raised the stakes in this “war,” automatically entering existing Prime subscribers into its ad-supported tier. This gives Amazon an estimated ad-supported audience of 115 million out the gate and puts it at the top of the streaming ad market alongside Hulu, which has accumulated over 115 million ad-supported viewers. 

Streaming advertising is predicted to increase in popularity as more and more audiences cut the chord and transition away from linear TV. Advertisers looking to get ahead are already leveraging CTV and OTT to reach potential customers and those who aren’t soon will be.

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Why is marketing measurement important?

Measurement gives necessary insights into the successes and failures of each campaign. Did you reach your intended audience? How much engagement did you generate? While leads are a strong indicator of success, they are only one part of the broader picture. If a campaign does well or poorly, it is important to understand why. 

For the same reason, it is important to know which methods to use and when. By leveraging the right approach, marketers can get the best possible picture of their campaign’s impact. This is where knowing the benefits, drawbacks, and purposes of MMM and MTA come into play.

What is MMM?

Media mix modeling (MMM), also called marketing mix modeling, is a measuring and analytics strategy that lets marketers measure impact. They can use this technique to measure the success of their campaigns and then analyze which elements of their strategy are working and which aren’t. 

MMM relies on aggregate data and as a result, can evaluate a wide range of different channels. These include traditional channels like linear TV and digital channels like social media.  

By using MMM to garner insights, marketers can refine their campaigns based on trends and external influences to adapt and create more effective marketing strategies going forward. Marketers can follow trends (such as the rise of sustainability initiatives) to better target audiences and have a greater impact. Mixed media models also let marketers consider factors like seasonality and promotions in their measurement for greater accuracy. 

What is MTA? 

Multi-Touch Attribution (MTA) models are an analytic method where marketers look at various customer touchpoints so they can understand which strategies and channels have the most impact. 

Marketers can adjust campaigns and reassess strategies by measuring the effectiveness of each channel or ad campaign with MTA. These models give marketers a holistic view of how audiences are receiving messaging and interacting with marketing materials. By analyzing customer reception at each individual touchpoint, marketers can better understand which aspects of their strategy are effective and which need to be rethought. 

In building a successful journey advertising campaign, advertisers need to understand which points in their journey are having the desired impact, and which are missing the mark. MTA gives advertisers the information they need to know which part of their strategy is working or not so that they don’t need the start from scratch every time they fail to achieve the desired impact. 

Marketers need to know how to leverage diverse marketing measurement techniques. Both MMM and MTA strategies serve an important role in building and maintaining successful ad strategies. Understanding which purpose each strategy serves is critical in using them appropriately and effectively for marketing measurement. And oftentimes, there is a purpose for both at different stages of a campaign. 

By understanding the benefits and drawbacks of MMM and MTA strategies, marketers can leverage the best possible measurement techniques for each campaign.

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The 2024 US Presidential elections are around the corner and parties are gearing up for what might be one of the tightest races we’ll ever see. That said, political parties are using every tool in their arsenal to gain favor from constituents and ensure their party’s names will be written on their ballots come election day.

Among those tools seeing a lot of traction in political advertising: social media. 

Recent events of 2024 alone show how the growing presence and usage of social media for political purposes is becoming not just prevalent but also crucial to one’s campaign. 

Today, we’ll look at how social media usage in political advertising in the modern age is consistently growing and what marketers can learn from this phenomenon.

Kamala Harris’ “Brat Summer”

The summer of 2024 saw one of the most remarkable moments regarding the 2024 US Presidential elections. 

In a shocking turn of events, US President Joe Biden announced he was stepping down from seeking reelection for the US Presidency back on July 21. In turn, he endorsed VP Kamala Harris as the new candidate for the Democratic party. 

What followed was a social media storm that led to users creating posts and memes all over Meta, Instagram, X, and TikTok. Most especially, those that include clips and pictures of Kamala Harris meshed with songs from singer Charli XCX’s album “Brat”, showing support for the Democratic presidential nominee. 

For context, social media users (most especially, the Gen Z segment and today’s youth) raved over the “Brat” album ever since its June 2024 launch. Thanks to social media, the term “brat summer” was coined, referring to how the album’s release was gonna define the summer of 2024. 

The term had evolved since then, most especially when Charli XCX stated what being a “brat” meant. She defined “brat” as the state of having fun, embracing one’s self and community, and unapologetically being their “messy” selves. 

Couple that with the fact that Charli XCX tweeted her expression of support for Kamala Harris which immediately went viral on X.

Shortly after the British singer endorsed Harris, the Kamala HQ page embraced the brat aesthetic, rebranding the Biden-Harris HQ to Kamala HQ with a brat-themed header (mainly characterized by a neon green back with a black text silhouette, similar to the album cover) on X. This illustrated the Harris team’s commitment to social media advertising for political gain.

Part of this political advertising and marketing phenomenon includes a clip of a 2023 Kamala Harris’ speech where she uttered “You think you just fell out of a coconut tree?”. Several videos surfaced of users remixing the “coconut tree” clip along with songs from the “brat” album. It graduated from trend to cultural phenomenon. 

The videos were meant to be associated with expressing confidence, resilience, and empowerment themes. The marketing teams from both the Harris campaign and the “brat” album capitalized on the virality. Combining the album’s bold and rebellious persona with Harris’ assertive tone resulted in enhancing the album’s image and appeal while complementing the Harris digital political campaign. 

Trump and X

Meanwhile, former US President and Republican candidate Donald Trump is known to be outspoken in social media, specifically on X. 

A study made by two Australian linguists showed Trump’s use of X before and six months after his election in 2016 played a pivotal role in his victory. His blunt approach and usage of emotive hashtags targeted toward his political opponents, along with the use of rhetorical questions, loaded words, capital letters and exclamation points proved devastatingly effective. 

Specifically, the study showed Trump’s tweets resonated with his own base and motivated his supporters to vote for him,. It gained Trump more favor by speaking directly to people through his tweets – which made him appear more personable and approachable. 

During his term as US president, he would tweet a couple of times everyday, pushing his policies, interacting with his admirers, and most notably, attacking and belittling his opponents. Fast forward to January 2021 when the former President was banned by X following the events of the US Capitol riots. He was later reinstated in November 2022 when multi-billionaire Elon Musk acquired the rights to X – though he had been silent with no posts, retweets, or replies.

In that period, Trump would consistently take to Truth Social (the alt-tech social media company he owns) to continue his tirade of controversial statements which continuously put him in the media spotlight. 

It wasn’t until August 2024 where he would share posts taking shots at Kamala Harris and Hilary Clinton, implying that the Democratic candidate owed her political rise to sexual favors. This post was made in addition to other extreme posts that included QAnon conspiracy theories. 

A study made by the University of Buffalo showed that during the 2022 midterm election cycle, Truth Social was more effective at drawing news attention to Donald Trump. In comparison, X had a different impact during the 2016 primary election season. 

However, the study emphasized and revealed one important thing: Trump’s ability to attract news attention through social media was not predicated on a specific social media platform. It was through his ability to engage social media users.

Takeaways from modern social media trends in political advertising

Needless to say, using social media to connect and engage with voters is more widespread than ever before. There are a lot of things we can take away from this growing phenomenon.

First, it emphasizes the need and value of cross-channel marketing in political advertising. Gone are the days when candidates would just bank on making commercials for the traditional TV and print formats. With the digital age shaping how potential voters consume their information and media online, advertisers need to utilize every resource available in order to maximize constituency reach. That includes the usage of social media, connected television (CTV), and more.

Social media also allows for better voter engagement and storytelling. Feedback on campaign ads is immediate on social platforms. This lets candidates adjust their messaging and strategy quickly. Political advertisers can look into different ways to convey their intended messaging such as journey advertising. 

Another thing to take away is that the platforms present a huge opportunity and potential to engage and connect with today’s voters. There are more than 121 million Americans on TikTok despite the threats against the app in the US, with a large majority of users being young voters and Gen Z. 

Furthermore, a study by Pew Research Center conducted last March 2024 found that a majority of American X users (59%) use the platform to keep up with politics compared to 36% of users who are on TikTok for the same reason. eMarketer also shows that over 70% of Gen Z and almost half of millennials in the US use TikTok on a monthly basis. Some 77% of Gen Z hear about news from social media. 

This all goes to show how relevant social media is to voters’ everyday lives. It can serve as the gateway to success for political candidates looking to connect and get their platforms and messaging across a wide range of audiences. 

The recent success of politicians engaging voters through social media and political advertising shows that the method is here to stay. It’s just a matter of which candidates can use social media as part of a winning strategy.

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Roku filed a new ad-tech patent and has received a Notice of Allowance from the US Patent and Trademark Office (USPTO). This notice is generally recognized to be the final step before a patent is issued. First reported in April 2024 by tech and entertainment newsletter Lowpass, this new patent could bring even greater ad capabilities to the platform. 

Roku’s new patent comes just months after finalizing partnerships with both iSpot and The Trade Desk to improve and expand its video advertising offerings. 

What will Roku’s new patent bring advertisers?

Roku’s application is for “HDMI customized ad insertion.” In the filing, the capabilities of this device are detailed – describing the ability to play streaming ads when content is paused. It does this through a device’s HDMI connection, reading where and when media is paused and displaying ad content until content is played again. 

This technology would also be able to detect context and play custom or relevant ads to specific audiences. For example, a device could play cosmetics ads while a make-up competition show is on pause. 

Roku now has three months after receiving its Notice of Allowance to pay an issue fee if it hopes to secure its patent. So long as the fee is paid, the company will likely receive its patent within two to three weeks. 

While attaining the patent could be game-changing, it doesn’t mean any specific device is market-ready or dictates when and where Roku intends to use its new technology. Advertisers keen to jump on board and play ads during paused streaming content will just have to wait and see how and when this tech will be officially launched and given that Roku has declined to make any comments on the record, that may be a while yet. 

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Sports advertising could see a shake-up as Fubo introduces a new initiative that could completely change the face of sports streaming advertising. 

FuboTV Inc. or Fubo, is an American sports-first live TV streaming platform intended to replace cable TV. The company launched its proprietary connected TV (CTV) advertising format for branded content. In a press release issued on September 6, 2024, Fubo announced it was launching “Triple Play” in the coming days. Triple Play is a unique opportunity for advertisers to display branded video content on Fubo’s highly visible home screen. 

Triple Play will also let companies position branded content alongside relevant curated programming, maximizing audience targeting and engagement.

“Triple Play” an opportunity for enhanced CTV ads

With Fubo’s Triple Play module, advertisers get a branded banner, a custom content carousel showcasing curated, live, and on-demand programming, as well as clickable branded content videos within the programming playlist. 

In addition, advertisers also get a rotation of midroll ad spots that will appear within programming on a curated playlist. Advertisers also get the option to add a QR code to branded videos for deeper engagement. 

The activation also incorporates branded and themed backgrounds, custom titles, logo entitlements, and content to create an immersive brand experience. As a result, Fubo subscribers are met with an interactive home screen that incorporates both ad content and their usual user streaming experience. 

Fubo’s innovative Triple Play module aims to give brands an opportunity to reach audiences more creatively through enhanced CTV ads. As Dina Roman, the SVP for Global Ad Sales and Operations of Fubo, said: 

“Traditional 15 and 30-second ad spots have long been staples in TV advertising but CTV has made it possible to expand standard TV ad formats to command more attention and engagement. By offering premium bespoke ad opportunities, we are creating even more ways brands can authentically reach their target audiences.”

Walmart’s collaboration with Fubo could spell big news for CTV advertising and sports streaming advertising

Fubo’s Triple Play gave retail giant Walmart the perfect opportunity to launch its “School Style Decoded” back-to-school campaign from September 6 to 9, 2024 on Fubo’s interactive home screen. The retailer took advantage of this unique opportunity to present its latest back-to-school advertising campaign to an often un-tapped audience segment and sports streaming platform (sports streaming). 

This ad format shows Fubo’s commitment to expanding opportunities beyond traditional TV spots through streaming and CTV platforms. Walmart’s inaugural sponsorship of Triple Play also shows the retailer’s commitment to connecting commerce and content on its owned platforms and beyond. 

This could spell big news for CTV advertising and potentially entice other brands to strike similar deals. CTV advertising has let firms experiment and play with unique ad formats only offered in a digital space. As a result, a lot of firms in the streaming industry have rolled out new ad formats to stay competitive. 

For instance, LG Ads Solutions rolled out its own era of interactive TV experiences including on-screen QR codes and native screensaver ads across its LG devices and products. Amazon also launched its “targeted copy-splitting” format in 2023, letting advertisers display multiple, audience-tailored ad versions in a single slot.

eMarketer suggests that this collaboration and overall move by Fubo is a sign that advertisers are bullish on the potential of CTV ad formats and are looking to be among the first to test them out.

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This legislation comes as no surprise, with many members of the general public calling for regulation to temper fears over AI’s growing capabilities since the AI boom began last year. These new regulations would make it possible to identify AI-created content via its metadata. These indicators, while invisible to the naked eye, would let users examine images to distinguish generative AI images and audio from those created by people. 

The AI watermarking bill also regulates social media, requiring networks to label AI-generated content users post on their platforms clearly.

Bill AB 3211 looks to label deepfakes 

California’s new legislation comes in the midst of growing social and political pressure to regulate AI and control deepfakes. Deepfakes are AI-generated images, video, and/or audio designed to fool audiences into believing it to be authentic. 

This content has been on the rise, leaving many worried about its potential to ruin reputations and manipulate political campaigns. Deepfakes are already being used in politics. Donald Trump recently used AI images of Taylor Swift endorsing him, raising concerns about the legality of such images. 

Bill AB3211’s text reads: “Failing to appropriately label synthetic content created by GenAI technologies can skew election results, enable defamation, and erode trust in the online information ecosystem.” California is the first state to enact such legislation, but it likely won’t be the last. As more negative impacts of AI come to light, more regulations will be put forward to curb abuse and prevent defamation. 

Concerns about the rise of deepfakes are international and the quagmire of ethical and legal questions raised by generative AI technology brings forward legislation across the world. The European Union enacted its AI Act in 2023. One of the Act’s clauses also mandates organizations disclose the use of AI-generated content. 

What do AI watermarking bills mean for advertisers? 

Marketing isn’t exempt from the deepfake conversation. While some brands embrace AI images (including deepfakes) others take a strong stance against them and voice their concern over the role AI plays in advertising. Dove is one such brand. On the 20th anniversary of the brand’s “Real Beauty” campaign, Dove pledged to never use AI-generated images of women in its advertising, taking a strong stance against the use of deepfake images.

While deepfakes aren’t currently common in advertising, they do exist and their use could increase as AI tools improve and expand. If California’s newest AI watermarking bill passes, deepfakes will be easily identifiable through either watermarks or labels, making it easier for consumers to make informed choices. 

Brands would do well to get ahead of the curve, either committing to not using or clearly labeling any AI-generated imagery, audio, or video content before this bill passes. Avoiding transparency with audiences in the present could have adverse consequences going forward, as customers who learn of AI content later may feel tricked or misled. 

This AI watermarking bill is part of a larger cultural movement towards greater transparency; specifically towards how and when AI is used. And many companies, even those at the forefront of AI development, favor greater visibility. 

ChatGPT developer OpenAI supports bill AB 3211, with Chief Strategy Officer Jason Kwon saying, “New technology and standards can help people understand the origin of content they find online, and avoid confusion between human-generated and photorealistic AI-generated content.”

Adobe is another tech giant throwing its support behind California’s efforts. The tech giant’s director of policy and government relations, Anne Perkins, said, “Today’s bill provides an effective framework that allows good actors to be trusted while protecting people from harmful AI-generated deepfakes, which is especially critical in an election year when misinformation tends to swirl and the stakes are high.” 

Until now, the matter of AI labeling has been left up to companies building and using AI systems. California is aiming to change that. Bill AB 3211 will be the first in what is sure to be a long line of regulations mandating the labeling of AI to protect users and public figures alike from the harms caused by deepfakes. Advertisers considering using generative AI themselves need to pay close attention to get ahead of the cultural shift leading to this legislation and the regulations that are sure to follow. 

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With new technology comes an important discussion around the ethics and practicality of evolving capabilities. In the case of AI, that conversation has been put off too long. In having that conversation, it’s important to examine how AI technology can be utilized and the consequences of its implementation to determine how it should be used. 

Artificial intelligence can refer to many different things; it can be a feature of a larger software initiative – allowing for data tracking and prediction, or it could be an automated chatbot. The term, at its core, refers to technology that learns from information. 

In marketing, there are many use cases for AI, from content creation to data analysis. Some of these use cases are beneficial, while others potentially have more downfalls than benefits. 

In a 2018 study from McKinsey of the 400 most advanced use cases for AI, marketing was determined to be the industry where the technology has the greatest potential value. Marketing departments globally are rapidly adopting AI in their daily practices – working to improve strategizing, planning, and content creation. In a 2023 survey from Sprout Social, 81% of marketers said that “AI has already had a positive impact on their work”.

So, of the many marketing use cases available, which are truly beneficial, and which are better left behind?

The right ways to use AI

There are several impactful use cases for artificial intelligence in marketing, and you don’t have to look at the new and shiniest technology to find success. Predictive analytics, or Predictive AI is one of the most impactful forms of AI a marketer can use. 

This form of AI is tried and true. It has long been proven a success and has a low barrier to entry. Predictive AI can analyze and process crucial data for making impactful decisions. These are just a few examples of ways marketing teams can leverage AI for their businesses: 

Targeting

One exciting use case for AI in marketing is to better target new audiences. AI can process data to generate predictions and assist marketers in finding new audiences and creating strategies to help reach them. 

Data processing

AI can be used to not only collect data but to process that data and provide marketers with accurate predictions. This can let marketers easily know what strategies are working and how they need to adapt. According to a 2021 SEMRush study, 48% of companies were already using AI to process their data and this number continues to climb. 

Customer relationship management

Another common use case is related to Customer Relationship Management (CRM). This isn’t surprising given the popularity of customer service chatbots. Chatbots reduce time and money spent on easily resolved customer service issues. Companies like Ada, and Intercom are great examples of companies pioneering new AI-powered customer service solutions that truly show AI’s potential in the customer service space.

Wrong ways to use AI

There are several tempting but less-than-effective ways to use AI for marketing. One of the most notable don’ts of AI is relying too heavily on generative AI for creative content. Creative roles are essential for marketing success, and can’t be replaced effectively by machines. 

Content creation 

While AI can be a handy tool for content creators, it cannot be relied upon as the sole tool or as a replacement for existing team members. There are several reasons why using AI for content creation is a bad idea. AI-generated content often stirs up far more controversy than it is worth and comes with copyright concerns. Since AI content can’t be copyrighted and is unpopular with readers, AI is best used only as a brainstorming and optimizing tool.  

Design 

Similar to content, AI can be a useful tool in design. Many image editors and other design software programs already use AI in their functionality. But it cannot replace human work quite yet. Why? For the same reason, artificial intelligence shouldn’t be relied upon for content generation – copyright. 

The increasing scrutiny of AI has also led to new regulations and investigations into further legislation to protect creative industries. This includes The White House Executive Order on AI, which aims to ensure that AI is used “for good and [to] realize its myriad benefits [while] mitigating its substantial risks.” Marketers looking to adopt any form of AI into their business should thoroughly research respective regulations before taking action.

Creative roles simply cannot be replaced because of the very nature of AI. AI is only as smart as the information provided to it. If new articles and cutting-edge design came to a halt, or if too few people introduced new concepts, then AI would cease to learn and the creative process would stagnate. 

Copyright and AI – what to consider 

Copyright is a major consideration when using AI and there are two main artificial intelligence use cases in marketing where copyright is a primary concern: content creation and design. 

What is copyright

Copyright refers to the ownership of creative works and intellectual property. This ownership is protected by various legislation from country to country. These rights are protected in the US by the Copyright Act of 1976 (and subsequent amendments)and in Canada by the Copyright Act. 

This legislative framework protects material from being copied, sold, or shared without permission, and from being marred by misuse. These laws are critical for marketers, who need to protect their brand from would-be copy-cats and smear campaigns. 

Copyright is critical. It is copyright that stands in the way of other companies taking one’s work and using it however they please. Copyright is why taglines and logos are the property of a company. 

This legal framework protects marketers from the misuse of intellectual property and makes it easier for them to keep their brand identity safe from those who seek to smear it. As more industries look to AI as a way to save time and money, they must consider the legal ramifications of taking these shortcuts. 

AI misuse means lost copyright 

While AI is a handy tool for content creators, it cannot be relied upon as the sole tool or as a replacement for existing team members. Both written and visual content have copyright – meaning it belongs to its creator (whether that be an individual or corporation) unless otherwise licensed. The issue with AI-created content is that AI-generated images don’t have a copyright, and its future legal implications are still murky.

According to the World Intellectual Property Organization (WIPO): “most jurisdictions, including Spain and Germany, state that only works created by a human can be protected by copyright.”

As this technology evolves, WIPO theorizes that there are only a couple of ways in which current law can address AI-generated creative works: “It can either deny copyright protection for works that have been generated by a computer or it can attribute authorship of such works to the creator of the program.”

Thanks to a recent decision by a US federal court, AI-generated art also cannot qualify for copyright protection in the United States. This ruling falls in line with another recent ruling which stated that AI-created works could not be trademarked or patented. 

This created a major issue for marketers who use AI as the sole producer of creatives. Their work cannot be copyrighted – it either belongs to no one or, more unfortunately, to the developer of the AI tool they’ve used. It is essential that organizations fully understand this legal framework before deciding to use AI in any of their creatives. 

Although, they shouldn’t be scared away completely. There is still a use-case for AI in content creation, but it lies within the use of tools rather than the replacement of human creation. Not only is human creativity a valuable asset, but it is also essential for copyright.

New technology should always come along with discussions surrounding its appropriate use, and AI more so than others. Artificial intelligence brings with it heavy questions surrounding ethics, art, and even copyright. 

It is essential to consider the potential applications of AI technology and the repercussions of its implementation to establish appropriate usage guidelines. By considering these implications, brands can avoid getting caught in ethical cross-wires and take advantage of new tools without unnecessary baggage.  

To see more from illumin, be sure to follow us on Twitter and LinkedIn where we share interesting news and insights from the worlds of ad tech and advertising.

Follow @illuminHQ

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