That is the license by the creators but does not mean other companies/individuals won’t claim that it infringes on their patents. So if you adopt it, you’re still likely to be accused of infringing their patents.
That's a hypothetical legal issue, not an actual one. Also, the companies involved in AV1 did their best to avoid that pitfall in development and have also shown a willingness to go after patent trolls who might try to pull something.