When the Super Bowl meets AI – Eagles Win, Legal Debates Arise

This year’s Super Bowl had all the thrills of an epic championship game—especially for Philadelphia Eagles fans celebrating a landslide win. Yet, beyond the on-field action, something else caught everyone’s attention: artificial intelligence. Multiple advertisers used AI in their multimillion-dollar commercials, sparking conversations about how technology is reshaping advertising. At the same time, unresolved legal questions loom over AI’s growing influence.

Listen the latest episode of our podcast Diritto al Digitale on the topic below on Apple Podcast, Spotify and below. Also you can continue reading this article.

A Game of Surprises

For many viewers, the Eagles’ victory was a shocker, given that Kansas City was on track for a historic three-peat. However, the real twist happened off the field. Several big-name companies unveiled ads that felt almost too perfectly tailored. From personalized chatbots to AI-assisted design platforms, these ads hinted at a not-so-distant future where advanced algorithms instantly adapt visuals and messaging to viewer responses—sometimes on the fly.

AI-Driven Ads Steal the Spotlight

What does AI-driven advertising actually look like? Essentially, these systems analyze massive sets of data—social media feeds, audience demographics, and even biometric signals—to tweak or transform commercials in real time. The idea is to create content so engaging it almost feels personally crafted for each viewer. While this approach could spark unprecedented creativity and audience engagement, it also raises pressing questions:

• How much data is being collected, and is it used responsibly?
• Should audiences be alerted when AI is involved in content creation?
• Where does the line between personalization and privacy invasion lie?

Diving into the Legal Challenges on AI ads during the Super Bowl

Once the hype around these sleek ads wears off, we’re left with significant legal issues:

1. Copyright Protection for AI-Generated Works

   • Copyright laws typically protect human-created works. If an algorithm pieces together a commercial, does the human operator hold the rights, or does the content remain in a legal gray area?
   • Some argue that an identifiable “human spark” is necessary for a valid copyright claim, while others see a future where machine-generated works could be recognized as original creations.

2. Text and Data Mining (TDM) Exceptions

   • To function, AI models often train on huge volumes of data—images, text, music. Many of these materials may be copyrighted.
   • Certain jurisdictions have “text and data mining” exceptions, allowing developers to analyze protected works for research. But where does research end and commercial use begin? The scope of TDM exceptions remains a hotly contested topic.

3. The EU AI Act and Disclosure Requirements

   • Europe is drafting legislation that might force companies to clearly label content created or heavily influenced by AI.
   • Creators worry such disclaimers could undermine the “authenticity” of their work. Others believe it’s crucial for consumer protection, especially if personal data helped generate ads or marketing content.

Why It Matters for Businesses and Consumers

• For Businesses: If you’re incorporating AI into your campaigns, you need to ensure you have legal grounds to use the training data, sufficient human oversight for copyright claims (if desired), and a close eye on regulations to avoid penalties.
• For Consumers: Understand that AI can tailor ads specifically to you based on your browsing habits, purchase history, or even real-time emotional responses. Transparency becomes key—knowing you’re essentially part of a massive data experiment can inform how you engage with online content.

This Super Bowl brought two storylines to the forefront: an Eagles triumph and the dawn of AI-powered advertising on one of the world’s largest stages. While the future looks bright for personalized content, the legal infrastructure is still catching up. As AI becomes more deeply ingrained in marketing, advertisers and consumers alike will need to navigate issues of privacy, intellectual property, and disclosure.