As businesses increasingly use AI tools to generate content, many are left wondering about the copyright implications. Can AI-generated images or text be used legally? Let’s explore the potential risks.
Scraping of content
The first concern is the scraping of content. AI platforms often train their models by scraping large amounts of data from the internet. This could include copyrighted material without the necessary licenses. For example, if an artist’s image is scraped without permission, and later used to generate content, there may be legal questions about copyright infringement.
Lawfulness of using AI-generated content
The next issue is the lawfulness of using AI-generated content. Even if the content is new, if it was generated using scraped data that infringed on someone’s copyright, the user could still face legal consequences. This is particularly concerning when AI tools create works in the style of well-known artists, as it could lead to claims of infringement on the original artist's rights.
Ownership
Finally, there’s the matter of ownership. Many AI platforms now transfer ownership of the generated content to the user, but not all. The platform’s terms of use dictate whether you can use, sell, or distribute the output. If the content was created using legally questionable data, it could still expose you to legal risk, even if you technically “own” the output.
How to Minimise Legal Risks:
- Avoid using specific artist names or works in AI prompts to prevent unintentional infringement.
- Review the terms of use for each AI platform to understand your rights and obligations.
- Be cautious with commercial use. Don’t assume you can freely sell or trademark AI-generated content.
- Don’t rely solely on the platform’s terms—they may shift the liability for any copyright infringement onto you, the user.
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© Suzanne Dibble 2013-2024
The information contained above is provided for information purposes only. The contents of this article are not intended to amount to advice and you should not rely on any of the contents of this article. Professional advice should be obtained before taking or refraining from taking any action as a result of the contents of this article. We disclaim all liability and responsibility arising from any reliance placed on any of the contents of this article.
