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Copyright and Generative AI (GenAI)

GenAI tools, such as those used for creating text, images, or music, raise several copyright concerns and issues.

GenAI is trained on a vast amount of data scraped from the internet, which contains the work of many different authors and creators, most of which will be protected by copyright. Therefore, unless they have permission to use the data or have a license, the AI tool could be infringing copyright.

Submitting articles into GenAI for summarising or translation may also have copyright implications if that tool then uses the article as training material.

Currently, there is no definitive guidance on copyright and AI as the software is developing more quickly than legislation and is largely untested in courts. However, as things change and rightsholders alter their approach to AI, this guidance will be updated.

The resulting output generated from a prompt, though classed as ‘new’ content, can result in close similarities with, or reusing substantial sections of, the original work it has been trained on. This means that you may be creating content that is infringing copyright.

You should, however:

  • Avoid uploading any material with personal or confidential details.
  • Avoid uploading 3rd party copyrighted material (e.g. a journal article accessed via your library login).
  • Read the terms and conditions of the GenAI tools you are using. Does the provider have permission to reuse your prompts and generated output?
  • Do the terms and conditions state who owns the generated output? And is this generated output protected by copyright?

Things to consider:

  • Who owns work co-created with GenAI tools?
  • What data am I sharing with GenAI tools? Is it mine to share?
  • How can you ensure that you are not inadvertently plagiarising someone else’s work without crediting or paying them, when co-creating with GenAI?

 

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