AI and Content Creation: How to Avoid Legal Pitfalls [ABO]


Création de contenu et IA : comment éviter les pièges juridiques ? - Depositphotos.com studiostock

PONANT


TourMaG.com – What are the main legal risks for a tourism professional who uses AI to create content?

Me Chloé Rezlan: I see three main ones. The first is un intentional plagiarism. A generative AI outputs results by drawing on a vast amount of existing content, much of which is protected. Texts, photos, or videos generated can thus closely reproduce a pre-existing work without the user realizing it. The publisher then exposes themselves to an infringement action.

The second is the lack of protection. Many professionals think that the generated content belongs to them, like content produced by a communications agency. That is not the case. A content piece produced largely by a machine is not protected by copyright.

The third is the lack of transparency. The European AI Regulation, the AI Act, now imposes transparency obligations, particularly for content that imitates reality (hyperreal manipulation). Ignoring them puts you in a non-compliant position. There is also a risk that the content could be deemed as misleading commercial practices if it could deceive the consumer.

More broadly, the danger lies in using AI without a framework. In many companies, every employee selects their tool, their method, and what they transmit. That is why I recommend two things: train the teams and adopt an AI usage charter.



“Only human creation can be protected by copyright”

TourMaG.com – Who is responsible when content generated by AI contains an error, misleading information, or infringes the rights of a third party?

Me Chloé Rezlan:
The professional who publishes. It is not the provider of the LLM (i.e., large language model). The terms of use of generative AI solutions almost always exclude their liability for the results produced.

The Air Canada case illustrates this well. In 2024, a Canadian court found the company liable because its chatbot gave a passenger incorrect information about a bereavement-related discounted fare. Air Canada argued that the chatbot was responsible for its own responses. The court rejected the argument: the company is responsible for all information published on its site, whether it comes from an employee, a static page, or an AI bot.

In tourism, the stakes are particularly high. The Tourism Code requires precise pre-contractual information to the traveler, and the Consumer Code sanctions misleading commercial practices. An AI-created hotel description, an approximate beach distance, or an image that embellishes reality can expose the professional to liability. It is the professional who answers to the client, not the algorithm.

TourMaG.com – Copyright, right of publicity, trademarks: what precautions should be taken before publishing content created or modified by AI?

Me Chloé Rezlan: The first precaution is taken when drafting the prompt. Avoid asking the tool to draw too directly from protected works. Asking for a poster “in the style of” a given illustrator or a text “in the manner of” a given author greatly increases the risk of infringement. It is better to describe the ambience, colors, and emotion you want than to cite a work or a creator.

The same vigilance applies to rights of publicity and trademarks. A generated visual that resembles a real person, especially a public figure, or that shows a logo or a distinctive brand element, should not be published as is.

Then, to have a chance at protecting one’s content, keep in mind a simple principle: only human creation can be protected by copyright. In French law, a work must bear the imprint of the author’s personality, and a machine has no personality.

To claim protection, one must therefore demonstrate a genuine human creative contribution. Concretely, this means reworking the result multiple times, making choices, modifying, composing.

One must also document this process by keeping the successive versions, the prompts, and the modifications made. In case of dispute, this trace will allow proving human intervention.


“Do not transmit personal data, nor sensitive data, nor confidential information”

TourMaG.com – What data can a tourism professional transmit to an AI and which must be protected at all costs?

Me Chloé Rezlan: The basic rule is to transmit neither personal data, nor sensitive data, nor confidential information.

Tourism professionals handle a huge amount of personal data: travelers’ identities, passport numbers, contact details, booking histories. Some are even GDPR-sensitive data, such as health information (allergies, mobility limitations, diet related to a medical condition). Copying a client file into a consumer-grade AI tool to draft a personalized program potentially transfers these data to a third party, sometimes outside the European Union, and sometimes to train the model.

It is also necessary to protect the company’s strategic information: negotiated rate cards with providers, contracts, margins, client files, development projects.

In practice (ideally…), one should systematically anonymize, favor professional versions of tools that guarantee non-use of data, and verify where they are hosted.

TourMaG.com – What is the most common legal error you see among professionals who use AI to create content?

Me Chloé Rezlan: They use it as if there were no rules. AI arrived in companies through usages, at a breathtaking speed. Many professionals therefore still treat these tools as a free-for-all or decide not to worry about them.

Yet rules exist, and they are multiplying. The AI Act, for instance, imposes a transparency obligation for hyperreal content, i.e., images, sounds, or videos generated or manipulated that resemble real people, places, or events and may appear authentic.

In tourism, this is very concrete: a promotional video showing a paradise beach that does not exist in reality, or a fabricated customer testimonial filmed, must be clearly identified as AI-generated. Otherwise, in addition to lack of transparency, there is a risk of misleading commercial practices.


Five best practices for using AI

1. Treat AI as a real business project. It isn’t a tool that everyone installs on their own. That means identifying use cases, appointing a point person, training teams, and budgeting. Training is essential: an employee who understands the risks makes better daily choices.

2. Adopt an usage charter. It specifies what is allowed and what isn’t, which tools are approved, which data never to transmit, and the validation steps before publication. It’s a simple, practical document that secures the company and reassures teams. Note that: Entreprises du Voyage will soon publish a guide to help its members draft this charter.

3. Ensure the tools are appropriate. Terms of use are not all equal. Some free versions prohibit commercial use of generated content or reuse the input data. It’s important to ensure the tool permits commercial exploitation, guarantees confidentiality, and offers GDPR-compliant hosting.

4. Systematically revise the content. Generated content is a starting point, not a finished product. Rereading it, verifying facts, correcting, enriching, and adapting to your brand helps limit errors, reduce infringement risk, and improve chances of protection.

5. Document the creative process. Keep the prompts, the successive versions, and the changes made. This traceability serves both to prove human contribution for rights claims and to demonstrate good faith in case of dispute.



Lost luggage on a flight: Essential tips to avoid surprises

In 2025, the global rate of lost luggage stood at 24 million, according to the SITA report published in June 2026, the parent company of the WorldTracer tracking system. In the United States, nine American airlines mishandled 1.1 million bags on approximately 226 million suitcases boarded, according to semi-annual data from the Bureau of Transportation Statistics.

These incidents include bags that are lost, delayed, damaged, or stolen, as the Washington Post notes. Busy travel periods, particularly in December, January, and July, are among the most problematic. It is also worth noting that connections increase the risk since suitcases may need to traverse large airports within tight timeframes. Errors can occur, especially when moving from one baggage-handling system to another.

Before departure: how to minimize the risks?

When you book your airline tickets, Washington Post reporters first recommend prioritizing direct flights whenever possible. If a connection is unavoidable, plan for a layover long enough to facilitate the transfer of your luggage. Depending on the size of the airport and the itinerary, a layover of 1 to 2 hours is advised.

Also remember to remove old labels from previous trips to avoid any confusion. If you encounter a problem with your suitcase, place in your carry-on your essential and valuable items, as well as a spare outfit. You can also take a photo of your bag and its contents to help with searches in case of loss.

To track your bag, some airlines offer dedicated tools within their apps. You can also equip your luggage with a tracker, such as an AirTag.

What to do when your suitcase is delayed or lost?

If you cannot locate your suitcase on the conveyor belt after landing, report it to the airline immediately before you leave the airport. The airline will record your claim and guide you on the steps to take to recover your belongings.

Meanwhile, our American colleagues advise checking the terms for reimbursement of essential purchases necessitated by the delay or loss. Also review the guarantees offered by your airline and those possibly linked to your credit card. A suitcase you do not locate right away may simply have been misplaced for a few hours or taken by another passenger by mistake.

How to Avoid Travel Scams: Fake Guides and Pushy Vendors

On vacation, some hiccups are hard to avoid: a pushy vendor, a so-called guide who corners you in the street, or a fellow traveler who watches a movie without headphones. To prevent these encounters from spoiling an entire day, it’s better to know how to respond. After twenty-five years roaming the world as a travel journalist, Rob Crossan explains in The Daily Mail that he has developed a few techniques to keep nuisance at bay. The common thread among all these situations is simple: avoid confrontation and know who to pass the baton to.

On the street, it’s best not to fall for their game

A stranger spontaneously offers to show you the city for a tiny fee? Exercise caution. According to the author, these people usually do not work for an official tour operator. The price quoted can quickly rise, and the tour may turn into a forced itinerary through shops linked to the fake guide.

The same logic applies to those soliciting donations in tourist hotspots. A young man or woman may appear wearing a T-shirt bearing a charity’s name and ask for a contribution. Before giving anything, the journalist recommends checking that the organization actually exists and complies with charity regulations. If the solicitor persists, it’s better to end the exchange rather than share personal information or pull out your wallet.

On a beach, sunglasses, hat, or drink vendors also know how to stretch the conversation. Saying “maybe later” could be read as a promise to buy. After years of being approached in destinations from Tangier to Tashkent, the author says he found a particularly simple answer: “No”. He advises repeating it to the various questions asked, without trying to justify yourself.

Restaurants that send someone to accost pedestrians in the street also deserve, in his view, to be bypassed. Promises of cheap drinks or “free” entries do not, on their own, guarantee the quality of the establishment.

Finally, a seemingly friendly encounter in a bar may require a bit of restraint. A person who asks a lot of questions about you while remaining very vague about their own life isn’t necessarily up to no good, but it’s better not to share too much personal information. The author notes that this caution can prevent a stranger from taking advantage of a moment of distraction to rummage through your belongings.

Get those who are there to handle problems to intervene

Some behaviors are particularly hard to tolerate when you’re sharing an activity with other travelers. On a safari, for example, some passengers go to great lengths to secure the best spot to photograph the animals. They shove others aside or monopolize viewpoints, to the detriment of the rest of the group. Rather than sparking a quarrel, the journalist recommends alerting the guide. He is responsible for the smooth running of the excursion and has the authority to enforce the rules aboard the vehicle.

The same approach works on a plane. If a passenger is watching a movie on their phone without headphones, it’s best not to demand that they lower the volume directly. A confrontation can escalate quickly, whereas cabin crew are used to these situations and trained to defuse them.

Another trickier case: a police officer asking a tourist for money in exchange for a supposed offense. The author advises staying calm and polite, then offering to pay the official fine at the police station, with the proper documents and in the presence of a supervisor. He also recommends having the contact details of your country’s embassy on your phone. From experience, this request can be enough to deter someone simply looking to obtain money.

Ultimately, these situations share a common thread: the traveler doesn’t necessarily stand to gain from provoking a confrontation. On the street, on a plane, on a safari, or facing someone in a position of authority, staying calm, limiting the information you share, and calling in a professional when possible are the best ways to regain control of the situation.

In the same series “Our Travel Tips”:

This new airport scam could get you arrested abroad

Here are the 3 moves to rely on from flight attendants to travel like a pro

Here are the places and objects in a hotel room that are the dirtiest

To Avoid Dobby’s Grave, a €500 Million Submarine Cable Was Moved

Harry Potter fans had the last word! A 200-kilometer electrical cable is to connect the United Kingdom to Ireland, but its planned route sparked a mobilization that was anything but expected. The issue was its passage planned near Freshwater West, a Welsh beach made famous among fans of the wizard. The project risked crossing the site associated with the tomb of Dobby, the house-elf killed in “Harry Potter and the Deathly Hallows”. Facing hundreds of reactions, the project leaders ultimately altered their itinerary.

A fictional tomb turned into a pilgrimage site

At Freshwater West, in Pembrokeshire, the memory of Dobby regularly draws fans of the Harry Potter saga. It is on this beach that the scenes of the death and burial of this beloved character were filmed for the movie “Harry Potter and the Deathly Hallows”. Since then, visitors come to lay pebbles on which they inscribe “Here Lies Dobby”, transforming the place into an improvised memorial. The phenomenon, however, is not encouraged by the National Trust, owner of the site. The organization thus asks visitors not to leave stones on the beach, considered an ecologically sensitive area.

It was in this setting that a large energy project was initially supposed to lay its cable. Named Greenlink, the interconnector is meant to enable the exchange of electricity between the British grid and Ireland. With a cost of 430 million pounds sterling, about 500 million euros, it would connect the British national grid to County Wexford, Ireland, over a distance of roughly 200 kilometers.

The problem became public when Simon Ludlam, the project manager, showed the BBC the spot where the cable would join the underground at Freshwater West. After the broadcast of the report, the company received hundreds of calls. “We did the filming, we finished, I went back to London, and then they aired it a few weeks later. And we received hundreds of calls, literally, hundreds of calls”, Ludlam recounted in the podcast Energy Revolution.

Archaeologists preferred Bronze Age remains

At first, the site supervisor did not understand the reason for this outcry. He then discovered that the calls concerned the character created by J.K. Rowling. A colleague explained to him: “Apparently, we are going to pass directly over Dobby’s tomb.” Simon Ludlam admits to having been puzzled: “Dobby, who is Dobby? I don’t know Dobby.” Before adding: “He’s a fictional character in a fictional book, everything is fictional, what are you talking about?”. But the scale of the reactions eventually convinced the project leaders to rethink their plan. “No, this is very, very serious”, a colleague reportedly told him.

The company therefore asked its planning teams to study another route to spare the place associated with Dobby. “Many people were very happy about that, and the project is moving forward now and Dobby is happy”, explained Simon Ludlam. The new route, however, does not mean the cable will avoid all trace of the past. Quite the opposite: according to the project manager, it will now pass near real Bronze Age archaeological remains. These include, notably, urns linked to human funeral practices.

“Nous sommes finalement passés assez près de véritables vestiges de l’âge du bronze, mais nous avons évité la tombe de Dobby”, a confirmé Simon Ludlam. Le paradoxe n’a pas échappé au responsable du projet : un chantier d’infrastructure de plusieurs centaines de millions de livres a été réorienté pour préserver un lieu associé à un personnage qui n’a jamais existé, tandis que son nouveau parcours se rapproche de sépultures humaines bien réelles…