The Best SEO Podcast: Defining the Future of Search with LLM Visibility™

Episode: AI, IP, And The New Marketing Rules With Sharon Toerek

Host: Matthew Bertram | Guest: Sharon Toerek (Torek Law, legalandcreative.com)
Date: March 9, 2026

Episode Overview

This episode delves into the intersection of artificial intelligence (AI), intellectual property (IP), and the rapidly evolving legal landscape for marketers and agencies. Host Matthew Bertram and IP attorney Sharon Toerek explore real-world challenges — from copyright and liability issues in AI-generated content to practical guidance for risk management and contract updates. Sharon shares essential strategies and her expert perspective on how innovative companies can protect their creative and commercial interests in the new era of marketing and search.

Key Discussion Points & Insights

1. The Changing Legal Landscape of AI in Marketing

[01:25-06:50]

• Sharon’s Background: Founder of Torek Law, serving independent marketing agencies across the US, specializing in intellectual property protection, contract law, and regulatory compliance.
• Big Legal Questions:
  • Who owns content created by generative AI?
  • Who is responsible if AI outputs infringe someone else’s IP?
  • Ongoing court cases are expected to establish clearer guardrails for copyright and AI.

“Who owns the content if we’re using generative AI to create it? And… who’s responsible if something goes sideways once the content is out there… and it does infringe?”
— Sharon Toerek [03:40]

2. Regulatory Patchwork & Emerging Requirements

[06:50–10:47]

• Contrast in Regulations:
  • Europe: Unified through GDPR — strict, clear baseline.
  • US: A “patchwork” of state laws, with California leading; no federal standard for data privacy or AI yet.
• AI-specific Developments:
  • States like New York now regulate AI-generated (“synthetic”) content.
  • Federal government attempting to prevent a patchwork by discouraging states from acting independently.
• Advice for Businesses:
  • Initiate conversations with clients, vendors, and contractors about their AI usage and practices.
  • Avoid inputting confidential or proprietary info into AI tools.
  • Implement both internal and external written AI policies.

“Even if it’s a skeleton or in outline form at this point, progress is better than perfection. Have a written AI policy.”
— Sharon Toerek [10:47]

3. Practical Risk Management & Contracts

[10:47–14:29]

• Updating Contracts:
  • Update agreements to address responsibility/liability around AI use directly — not done as a standard 24 months ago.
  • Add indemnification and liability language specific to AI.
• Insurance:
  • No dedicated “AI insurance” products yet.
  • Cyber insurance may evolve to cover AI. For now, check general liability and errors & omissions coverage.

“There are no AI OOPS products out there yet…”
— Sharon Toerek [13:02]

4. AI & Content Authenticity: Legal vs. Search

[14:29–17:14]

• Search Engine Perspective:
  • AI-generated content is typically indexed if deemed “useful,” regardless of how it’s made.
  • AI images (with watermarks) are increasingly accepted by search engines as unique.
• Industry Shift:
  • Explosion of AI-generated content could degrade training data quality.
  • Human input remains vital to maintain AI accuracy and value.

5. Intellectual Property Foundations & Monetization

[17:14–22:02]

• The IP Triangle:
  1. Brand – protected by trademarks.
  2. Content/Creation – protected by copyright or trade secret, depending on market strategy.
  3. Transactions – how IP is monetized (e.g., licensing, franchising).
• Entrepreneurs often undervalue their IP and miss out on monetization opportunities.

“Entrepreneurial companies tend to undervalue the amount of IP that they create, and they tend not to leverage it… as much as they can.”
— Sharon Toerek [20:47]

6. The Challenge of Attribution & Tracking AI Influence

[22:02–25:27]

• Attribution Problem:
  • Creators have little visibility into how their content influences AI training or outputs.
  • Current systems to verify or track AI’s use of copyrighted material are inaccessible to most.
• Legal Recourse:
  • Infringements are typically discovered accidentally.
  • Legal processes (proving similarity, access, and economic harm) remain costly and complex.

“Technology always leads, business runs after it… and the law follows behind with push brooms and sweeps up the mess.”
— Sharon Toerek [25:33]

7. Limits of Detection & Evolving Trust

[26:41–31:05]

• AI Detection is Imperfect:
  • Detectors often misclassify human writing as AI.
  • “Deepfakes” and advanced tools further blur the lines.
• Authenticity & Trust:
  • Consumers don’t trust AI-generated content as much as human-made, even when they can’t tell the difference.
  • Brands must weigh time/cost savings vs. the risk of losing consumer trust.

“If they know or suspect it is AI generated, they don’t trust it as much as… human created content.”
— Sharon Toerek [28:51]

8. Final Guidance and Action Steps

[31:23–32:49]

• Revisit the Basics:
  • Review and reinforce legal foundations: contracts, policies, core IP protections.
  • Update documentation frequently due to rapid tech and legal changes.

“It’s time to make sure the basics are covered… You need to revisit your basics a little more frequently than you used to… regulatory landscape and the technology landscape evolves so much more quickly now.”
— Sharon Toerek [31:23]

Memorable Quotes

• “Who owns the content if we’re using generative AI to create it?” — Sharon Toerek [03:40]
• “Have a written AI policy… progress is better than perfection.” — Sharon Toerek [10:47]
• “There are no AI OOPS products out there yet.” — Sharon Toerek [13:02]
• “Entrepreneurial companies tend to undervalue the amount of IP that they create.” — Sharon Toerek [20:47]
• “Technology always leads, business runs after it… and law follows with push brooms and sweeps up the mess.” — Sharon Toerek [25:33]
• “If they know or suspect it is AI generated, they don’t trust it as much as… human created content.” — Sharon Toerek [28:51]
• “It’s time to make sure the basics are covered… and you need to revisit your basics…” — Sharon Toerek [31:23]

Actionable Takeaways

• Start, develop, or update your written AI policy—both internally and for external partners.
• Review, revise, and negotiate contracts to include AI-specific clauses on liability and use.
• Audit your insurance stack (general, E&O, cyber) to evaluate where you may lack coverage for AI-related incidents.
• Engage in IP reviews: Identify and fortify your protections around brands, content, and commercialization strategies.
• Maintain transparency in AI practices to foster trust—both internally and with clients.
• Increase frequency of legal basics check-ins as regulations and technology shift.

How to Find Sharon Toerek

• LinkedIn: Sharon Toerek
• Law Firm: legalandcreative.com
• Podcast: The Innovative Agency

Notable Moments

• [10:47] “Have a written AI policy… progress is better than perfection.”
• [13:02] “There are no AI OOPS products out there yet.”
• [25:33] “Technology always leads, business runs after it… and the law follows behind with push brooms and sweeps up the mess.”
• [28:51] “If they know or suspect it is AI generated, they don’t trust it as much as… human created content.”
• [31:23] “It’s time to make sure the basics are covered… regulatory landscape and the technology landscape evolves so much more quickly now.”

Episode Flow (with Timestamps)

• [00:01] Introduction and Overview of this Episode’s Focus
• [01:08] Sharon’s Legal Background
• [02:23] Current Big Legal Questions in AI & Marketing
• [06:50] Regulatory Patchwork: State vs Federal in the US, GDPR in the EU
• [10:47] Essential Business Strategies: Policies, Contracts, Risk
• [13:02] Insurance and Risk Products
• [14:29] Search Engine Perspective on AI-Generated Content
• [17:14] Foundations of IP for Entrepreneurs
• [22:02] Tracking AI Attribution, IP Influence
• [25:27] Legal Process & The Slow Catch-up of Law
• [26:41] AI Detection Tools & Erosion of Trust
• [31:23] Final Guidance: Revisit Your Legal Foundations
• [32:18] How to Connect with Sharon Toerek

This episode provides a vital roadmap for navigating AI-driven change in marketing, emphasizing the “new rules” for IP, compliance, and risk in 2026 and beyond. For marketers and business owners, Sharon’s strategies offer essential next steps to safeguard innovation and grow resiliently.