Artificial Intelligence is the ability of machines to learn and make decisions which usually require human intelligence. It is an evolving technology, with ChatGPT being a popular example of an AI platform. This article discusses some of the legal concerns relating to artificial intelligence, in particular in relation to copyright law.
Popularity of Artificial Intelligence
Since launching in November 2022, AI platform ChatGPT has grown in popularity at a staggering rate:
- 4 Dec 2022 – over one million users
- Feb 2023 – over 100 million users
ChatGPT’s popularity is not surprising when you explore the benefits of Artificial Intelligence. For example, AI has the potential to automate many tasks currently preformed by people. This leads to increased efficiency and productivity, which in turn can save both time and cost for businesses and individuals alike.
However, despite the obvious benefits, there are concerns as to the legality and protection available for works created by AI.
The law
Copyright is an intellectual property right that protects original works of authorship. This can range from poetry and novels, to art, music and computer software. Copyright stops others from using the original work without the owner’s permission and the protection arises automatically (Copyright, Designs and Patents Act 1988).
In the UK, computer-generated works which do not have a human creator are protected under the rules of copyright (s.178 CDPA). Protection lasts for 50 years from the date the work is made (s.12(7) CDPA).
Copyright is infringed when someone uses a substantial part of a copyright work without the copyright owner’s permission. ‘Substantial’ is not necessarily measured by size, but by substance ie. the quality, importance or significance of the part that has been copied.
The developments in AI, along with the recent media attention that platforms such as ChatGPT are receiving, raises new questions about the purpose and scope of copyright protection.
Concerns
The lack of accountability and transparency by Artificial Intelligence causes concern.
AI systems do not evidence where they obtain their information from. We therefore cannot know what text or other work it has ‘learned from’ in order to generate the AI work. This raises questions around copyright infringement as each work used by an AI in its learning may be protected by copyright
It also makes it difficult to understand how AI reaches a decision. This could lead to potential discrimination against certain groups by AI systems or misleading information which could gravely impact real-life situations. This concern is exacerbated by the potential for people to manipulate or hack into AI systems to produce biased or unfair outcomes.
Potential Legal Action
An example of the inaccuracies of AI has come to light recently. In April 2023, a regional Australian mayor, Brian Hood, discovered that ChatGPT had falsely named him as a guilty party in a foreign bribery scandal in the early 2000s.
This information was incorrect as Mr Hood was never charged with committing any offence in connection to the scandal. Mr Hood was deeply concerned about the false accusations from ChatGPT and the effect of this incorrect information on his reputation.
As a result, Mr Hood could pursue legal action against the owner of ChatGPT, Open AI, for defamation. If Mr Hood proceeds with his claim, it will be the first claim against an automated service and would set important precedents for the operation of AI and who is responsible for the information that AI creates and supplies.
Evolution of the law
The UK’s position on copyright protection for Artificial Intelligence differs to many countries, including in particular the USA where computer-generated works without a human author are not protected. The UK Intellectual Property Office has carried out a formal consultation to investigate how AI fits in the existing law but this is likely to be an ongoing process as AI evolves. Read the published outcome of the consultation here.
Get in Touch
This article does not constitute legal advice. For now, legal advice and professional assistance is still provided by people. As such, if you need any help with any legal matters, please contact us on 0113 266 0735 or at info@bailoransoliciotors.com.