8 · The legal and ethical basics every founder must know
Using AI doesn't lower the legal bar — in some areas it raises it. You don't need to be a lawyer, but you must know these four basics, because getting them wrong can mean fines, lawsuits, or a dead brand. (This is general education, not legal advice — for your specific situation, ask a real lawyer.)
1 · Don't deceive customers about your product. Marketing claims have to be truthful and backed up. The FTC has been explicit that AI performance claims must be substantiated — you can't say your product "uses AI" if it doesn't, or exaggerate what it does (FTC, 2023). "The AI said so" is not a defense.
2 · No fake reviews, fake testimonials, or fake hype. It is now illegal under an FTC rule to create, buy, or sell fake reviews and testimonials, or fake indicators of social-media influence like bought followers — with civil penalties per violation (FTC, 2024). AI makes generating fake reviews trivially easy; that doesn't make it legal. Don't.
3 · Disclose paid endorsements and material connections. If someone endorses your product and has a material connection to you (you paid them, gave free product, or they're family or staff), that connection must be disclosed clearly and conspicuously — "difficult to miss and easily understandable" (FTC, n.d.). The same applies to you endorsing things. Burying "#ad" where no one sees it doesn't count.
4 · Know the copyright limits on AI output. The U.S. Copyright Office has stated that purely AI-generated material is not protected by copyright — copyright requires human authorship, and prompting alone is not enough to make an AI's output yours (U.S. Copyright Office, 2025). Practical meaning for a founder: a logo or jingle you got from a single prompt may not be something you can legally own or stop others from copying. Your human creative contributions are what's protectable. Also: respect others' copyrights and your AI tools' terms of use.
And always: privacy. Don't paste customers' personal data into public AI tools (it may be stored or used to train the model), and tell customers honestly how you use their data.
Check yourself. A friend offers to post a glowing review of your product in exchange for a free unit. Name two FTC problems with treating that as an ordinary "real" review.
Sources
- Federal Trade Commission. (2023). Keep your AI claims in check — AI claims must be truthful and substantiated. https://www.ftc.gov/business-guidance/blog/2023/02/keep-your-ai-claims-check
- Federal Trade Commission. (2024). Federal Trade Commission Announces Final Rule Banning Fake Reviews and Testimonials (16 CFR Part 465). https://www.ftc.gov/news-events/news/press-releases/2024/08/federal-trade-commission-announces-final-rule-banning-fake-reviews-testimonials
- Federal Trade Commission. (n.d.). Disclosures 101 for Social Media Influencers — disclose material connections clearly and conspicuously. https://www.ftc.gov/business-guidance/resources/disclosures-101-social-media-influencers
- U.S. Copyright Office. (2025). Copyright and Artificial Intelligence, Part 2: Copyrightability — human authorship required; prompting alone is insufficient. https://www.copyright.gov/ai/Copyright-and-Artificial-Intelligence-Part-2-Copyrightability-Report.pdf