AI and the Evolving Landscape of Email Marketing

This blog expands upon the topics discussed in our webinar, “From Insights to Strategy: Using Negative Marketing Signals and Campaign Analytics to Excel in Email Marketing.”

In the rapidly changing world of email marketing, particular challenges persist year after year while new ones emerge. Looking ahead to the remainder of 2023 and beyond, four significant areas stand out: artificial intelligence (AI), privacy regulations, performance tracking, and email deliverability

In this blog, we will explore the main challenges email marketers will face around AI in the future, delving into the opportunities and concerns they present.

AI and Ownership of Content

Artificial Intelligence (AI) has garnered immense interest among marketers due to its potential to streamline processes, enhance content creation, and analyze results. 

Think about it - who do you know who hasn’t tried ChatGPT yet? 

However, AI also raises questions and challenges. One pressing issue is determining ownership of content generated by AI tools. Different platforms have varying terms of service, with some granting users unlimited ownership while others retain certain rights. 

Marketers are advised to read and understand the terms of service governing these AI platforms to ensure clarity on content ownership.

Legalities and Compensation

The rise of AI is still a very new phenomenon—so fresh that the legal aspects surrounding AI-generated content remain largely uncharted territory. The AI platforms we use today were still very much a sci-fi enthusiast's pipedream when most of these laws were written.

As you can probably tell by the mass of recent headlines and lawsuits, websites and content owners are concerned about AI tools scraping their sites for information and creating new content based on existing material. Questions arise regarding copyright, compensation for content extraction, and the boundary between originality and derivative works. 

As these questions have yet to be adjudicated, the answers remain uncertain.

AI and Music: A Parallel

The challenges faced with AI-generated content are reminiscent of legal disputes in the music industry. Musicians have been sued for using chords or segments that resemble existing songs, leading to debates about creative ownership and originality. 

Ed Sheeran, Led Zeppelin, and even Taylor Swift have been accused of or sued over alleged copyright infringement

Similarly, the question arises: How can combinations of words or musical notes be copyrightable? Observing how these debates unfold in the music industry may offer insights into the future of AI-generated content.

Rapid Evolution of AI Tools

AI tools have rapidly gained popularity among marketers, transitioning from limited usage a year ago to widespread adoption today. You've probably witnessed most of the SaaS platforms you utilize at work implementing and introducing brand-new, built-in AI tools and functionality.

Clippy was truly ahead of its time

The accessibility and utility of tools like ChatGPT have increased significantly, not only for marketers but also for consumers. It’s intriguing to witness the unfolding developments in this space and anticipate AI's role in email marketing.


As email marketing evolves, AI stands as a prominent challenge. Understanding content ownership in the realm of AI-generated content and navigating legalities will be vital. Staying informed about privacy regulations and incorporating them into email marketing strategies will foster trust and maintain compliance.

Want a platform that can evolve with your email marketing strategies? Learn why LashBack is the platform leading brands choose to maintain compliance and build trust in their email campaigns.

Keep an eye out for our other blogs, where we discuss the topics of privacy regulations, performance tracking, and email deliverability.

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