New Ethics Framework Gives Branding, Marketing, and Creative Agencies a Practical Way to Govern Generative AI
This Generated AI image is meant as ethical commentary.
The Higgins-Berger Scale provides advertising agencies and graphic design teams with a clear standard for transparency, accountability, and responsible AI use.
ORLANDO, FL, UNITED STATES, January 29, 2026 /EINPresswire.com/ -- As generative AI becomes embedded across branding, marketing, advertising, and graphic design workflows, agencies are confronting a new challenge: not just what AI can create, but how responsibility, authorship, and trust are preserved when machines participate in creative work.
The Higgins-Berger Scale of Generative AI Ethics, created by colleagues at the Orlando-based REMIXED: the branding agency, is a practical evaluation framework designed for branding agencies, marketing agencies, creative agencies, advertising agencies, and graphic design teams using generative AI in commercial, informational, and cultural projects. Rather than imposing rigid rules or abstract principles, the scale offers a structured way to assess how AI is actually used in real client work and where ethical risk may emerge.
“Generative AI has moved faster than the norms that govern creative responsibility,” said Douglas Berger, co-creator of the framework. “Agencies are being asked to make ethical decisions in real time, often without shared standards. The Higgins-Berger Scale exists to make those decisions intentional, visible, and defensible.”
Unlike many AI ethics initiatives, the Higgins-Berger Scale is not a moral verdict on automation and is not designed to slow innovation. Instead, it treats ethics as a design constraint that should be considered early in creative development, whether the work originates in a branding agency, a graphic design studio, or a full-service branding agency.
The framework evaluates projects across five areas where generative AI most often changes the ethical landscape: transparency, potential for harm, data usage and privacy, displacement impact, and intent. Each category is scored based on documented practice and observable outcomes, not aspirational language or internal intent.
Lower scores reflect stronger ethical alignment and meaningful human oversight. Higher scores signal the need for mitigation, redesign, or restraint before work is released, scaled, or deployed across campaigns. Final scores place projects into five ethical zones, ranging from ethically exemplary to unethical or illegal.
“Ethical failures with AI rarely come from bad intentions,” said John J. Higgins, co-creator of the scale. “They usually come from disengagement, from removing human judgment in pursuit of speed or efficiency. This framework keeps responsibility anchored to people, even as tools evolve.”
A central distinction within the scale is the difference between augmentation and substitution. Marketing agencies and creative agencies that use AI to support human judgment, expand creative capacity, and enable new roles consistently score lower than projects where AI quietly replaces human contribution while preserving the appearance of human authorship.
The framework also reframes transparency, a growing concern for branding agencies and advertising agencies operating in trust-sensitive contexts. Rather than demanding exhaustive disclosure of every tool used, the scale defines transparency as accuracy. Ethical risk increases when audiences are misled about authorship or accountability, particularly in journalism, education, political messaging, or explicitly handcrafted graphic design work.
“As generative AI becomes standard across creative and marketing agencies, audiences already assume some level of machine assistance,” Berger added. “Transparency matters most when omission would mislead. In those cases, clarity protects trust rather than undermining creativity.”
Designed to reflect how agencies actually operate, the Higgins-Berger Scale balances speed, client expectations, and creative nuance. It recognizes ambiguity and tradeoffs as unavoidable parts of ethical decision making and emphasizes governance, review, and accountability over perfection.
The creators describe the scale as a shared language for branding agencies, marketing agencies, creative agencies, advertising agencies, and graphic design teams navigating generative AI together. Its purpose is not to produce a score for its own sake, but to prompt earlier conversations and ensure that human responsibility remains visible wherever machines are introduced into the creative process.
The full report and an interactive evaluation utility are now publicly available.
Read the full report: https://r3mx.com/the-higgins-berger-scale/
Use the Higgins-Berger Scale Interactive Utility: https://r3mx.com/hbs-interactive-utility/
About REMIXED: the branding agency
REMIXED is a leading Orlando branding agency serving businesses across Central Florida. We develop multi-disciplinary branding and integrated marketing solutions, elevating brands and messaging strategies through campaigns across print, broadcast, digital and social media channels to strengthen brand presence. As an Orlando marketing agency, REMIXED connects businesses with their audiences through data-driven design and comfortable collaboration, driving customer engagement and growth. Consistently recognized as a top Orlando advertising agency, REMIXED delivers expertly crafted brand elevation for companies of all sizes.
Douglas Berger
REMIXED
+1 407-283-7369
email us here
Visit us on social media:
LinkedIn
Instagram
Facebook
YouTube
TikTok
X
Other
Legal Disclaimer:
EIN Presswire provides this news content "as is" without warranty of any kind. We do not accept any responsibility or liability for the accuracy, content, images, videos, licenses, completeness, legality, or reliability of the information contained in this article. If you have any complaints or copyright issues related to this article, kindly contact the author above.
