AI & Copyright: Navigating Legal Risks in the Digital Age

April 11, 2023, By

AI technologies like Chat-GPT have already become a big part of many people’s lives. Its wide-ranging knowledge, problem-solving ability, and capacity to produce information on various topics are staggering. However, it is essential to be aware of the potential legal issues for those that use the tool and those similar to it…

Copyright and Intellectual Property:

One main worry with OpenAI’s Chat-GPT is that it might break copyright laws. Chat-GPT learns from volumes of text data, including books and articles. So, it is possible that the AI might create text that copies someone else’s work. For instance, if the generative chatbot generates a summary of a bestselling novel, it could infringe on the author’s copyright.

We can already see this issue emerging in real-life examples of copyright concerns with AI, as discussed in an article on The Verge. OpenAI’s latest GPT-4 model has stirred debates over fair use and intellectual property rights, as it has been said to include copyrighted material in its answers. As a result, finding a balance between copyright protection and AI innovation presents a complex challenge for legal experts as Richard Riley from the firm’s Corporate and Commercial department explains:

“Copyright laws have generally evolved in order to protect the intellectual endeavours of human creators and we have seen developments over the years as these laws try to catch up with the movement towards a digital world. However, AI systems and their growing use represent a unique challenge in terms of striking a balance between the creator’s rights and the development of new technologies. New legal frameworks will undoubtedly be needed to ensure clarity and fairness between these competing interests and what these frameworks should look like will be subject to fierce debate over the coming years.”

To address these concerns, potential solutions have been proposed, such as licensing agreements between AI developers and copyright holders. These arrangements could grant AI systems the necessary permissions to use copyrighted content as part of their training data. Alternatively, creating public-domain datasets could allow AI models to learn without infringing on copyrighted material.

However, there is still a long way to go in establishing clear legal guidelines for AI-generated content. The development of these frameworks will play a crucial role in ensuring that generative AI models, like Chat-GPT, can continue to grow and innovate without violating intellectual property rights and ensuring that rights holders are properly rewarded. As technology evolves, the legal landscape must adapt to strike the right balance between safeguarding copyrights and fostering innovation.

Bias and Discrimination:

Chat-GPT can create text similar to human conversation; however, it might not fully understand the meaning or impact of the words it uses. This means there is potential for it to create biased, offensive, or unfair content. For example, if a company used Chat-GPT to create job descriptions and the AI inadvertently included biased language, it could lead to discriminatory hiring practices. For that reason, it is always that outputs are checked thoroughly by appropriately qualified individuals rather than simply relying on the system itself.

Data Protection:

Protecting personal data is another big concern with Chat-GPT. The AI tool might share personal information from its learning materials, which could break data protection laws worldwide. The tool currently has protections to protect against this, but how foolproof this is, is yet to be discovered.
Determining what is, and what is not, personal data is not always straightforward and the concern is that AI systems may not currently have the capacity to form judgements on this. Their use also risks arguments that people are being subject to automated decision-making in a manner that might not be expected, which can lead to breaches of data protection law.

Keeping legal concerns in mind:

As Chat-GPT continues to develop, it is vital to address the legal concerns that come with it. At Slater Heelis, we understand the importance of staying informed about these issues and providing real-world examples to help you better grasp the potential implications.

If you have any questions or concerns about the legal side of Chat-GPT, AI tools, and the copyright implications, do not hesitate to contact our team of experts at Slater Heelis. You can reach us at 0161 969 3131 or fill out our contact form.