Intellectual property describes any original creation of the mind, including artwork, stories, invention ideas, etc. For more information on intellectual property, click here.
To grasp the potential threat AI poses to intellectual property, we must delve into how AIs are developed. Creating generative AIs, like ChatGPT, is a complex process that involves feeding the algorithms vast amounts of information. ChatGPT, for instance, is a powerful AI that can respond to any user's query. However, to do so requires an extensive database of information. This raises concerns about the origin and ownership of the data used to train these AIs and the potential implications for intellectual property. AI companies have scrubbed the internet for so much content that they are running out of content to train their AIs. The Wall Street Journal reports that high-quality information may run out in the next two years. This is concerning for many reasons, but regarding intellectual property; it means that AI companies are plugging the entire internet into their AIs and profiting off of intellectual property posted on the internet.
Sarah Silverman, author of The Bedwetter, is suing OpenAI for its flagrant disregard for her intellectual property rights. Silverman claims that OpenAI used her intellectual property to train its products “without consent, without credit, and compensation.” OpenAI and ChatGPT deny that the use of her works is in violation of copyright law because “It's essential for creators and users alike to be mindful of copyright laws and ethical considerations when generating or using content, including through AI tools like ChatGPT.” (ChatGPT)
While OpenAI and other AI companies may believe they are not breaking any intellectual property laws because they put the responsibility on the consumer, they are liable for Vicarious Infringement on Copyright laws. At this point in time, there is nothing individual creators can do to proactively prevent AI companies from using their intellectual property. However, this doesn’t mean all hope is lost. For more information on protecting your intellectual property from AI, click here.
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