Could AI Content Be Subject to Copyright Infringement?
Perhaps you want to write an article for your website or someone else’s website, and you realize that ChatGPT could write the article for you. You wouldn’t have to do much work. After entering your prompt, AI begins the job. There’s no research time that you have to spend on the topic. You don’t have to worry about grammatical errors because the AI will catch them. Maybe you even believe that AI will do a much better job than you.
The problem with AI generated content is that from a legal perspective, there could be liabilities. According to Congressional Research Service Legal Sidebar article entitled “Generative Artificial Intelligence and Copyright Law” , two potential factors exist for someone to claim copyright infringement:
- If the AI had access to their works
- If the AI generated content is “substantially similar”
Access to Works
An AI program might have access to a website and copy or download the content. Developers often use content as part of an AI training program. They incorporate content they find into databases. If the person bringing the lawsuit can prove AI access to their works, this could provide grounds for their lawsuit.
Substantially Similar Content
While courts vary in their rulings, they use guidelines such as the following when determining whether content as substantially similar:
- “Total concept and feel”
- “Overall look and feel”
- “The ordinary reasonable person would fail to differentiate between the two works”
Who Would Be Liable in an AI Copyright Infringement Case?
Typically the AI company that generated the content and the user who incorporated the content and claimed it as their own (plagiarism) would be liable. The AI company’s action would fall under “vicarious infringement.” Their financial gain and their failure to ensure no infringement occurred would make them liable.
How does Get Business Marketing Help You Avoid These Liabilities?
When creating ads or building websites, we only use licensed images that we purchase. We have content writers to create the written content, and we never use AI to write the article or web page.
If you need help with social media marketing, written content or a design for a website, we’re glad to help. Contact us at getbusinessmarketing.com.
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