As ChatGPT becomes used more widely, questions regarding ownership rights and intellectual property laws have become increasingly relevant.
If you’re confused about the copyright laws surrounding ChatGPT usage, you’re not alone. In this article, I’ll cover:
- If ChatGPT content is copyrighted
- If you can copyright ChatGPT materials
- Legal issues of using ChatGPT content
- Whether ChatGPT content infringes copyright
While ChatGPT-generated content isn’t copyrighted, there are still gray areas in the legality of using it as your own.
In short, it’s always best to be upfront about how you used generative AI to help create your end result.
What is copyright?
Copyright is a type of intellectual property that gives a creator the rights to use their own work, and bans others from copying or distributing it.
Usually when we talk about copyright in terms of large language models (LLMs) like ChatGPT, we’re asking whether the content generated by a model is prohibited to use for our own purposes due to copyright infringement.
Is ChatGPT content copyrighted?
According to OpenAI’s Content Policy and Terms of Use, users of ChatGPT own all the output they create with the LLM, including text and images.
Users are permitted to reuse, reprint, and sell ChatGPT-generated output, regardless of whether it was generated through a free plan, paid plan, or their API.
Of course, existing copyright laws still apply. If you ask DALL-E to generate a spooky version of the OpenAI logo, you still might be violating the copyright law that protects their logo if you use it elsewhere.
Similarly, if you start a beverage company and ask ChatGPT to generate a logo for you that looks like the Coca-Cola logo, you might end up facing a cease and desist letter from their lawyers.
Fortunately, ChatGPT attempts to avoid direct plagiarism in its AI-generated content. It’s unlikely to identically reproduce a copyrighted work. Any potential copyright infringement case would be a question of how similar the reproduced works were.
Legal issues of using ChatGPT content
While ChatGPT-generated content isn’t copyrighted, it doesn’t mean that there are never legal repercussions to using generated content.
If you’re not forthcoming about your use of ChatGPT, you may run into other issues:
Misinformation
The LLM sometimes experiences hallucinations, causing it to produce false information. If you fail to check your sources elsewhere, you could risk spreading potentially harmful information.
If you ask it for information about a person, and you reproduce it elsewhere, it could result in a case of defamation.
Data security
If you’re handling private information – like in the workplace – you may violate company policies or laws by including that information in your prompts.
If you handle sensitive data, or you’re unsure about the sensitivity of the information you’re using, it’s best to avoid public use of LLMs.
However, there are ways to use ChatGPT in a secure and controlled manner. One is using a chatbot platform with strong security measures.
Third-party solutions allow an organization to safeguard your data privacy – and sync an LLM to your internal documents without security risk. You can explore our secure, GPT-powered platform here.
OpenAI service policies
While ChatGPT-generated content isn’t copyrighted, it doesn’t mean that OpenAI permits any and all usage.
Their policies clearly state that any generated output is forbidden from being used in an illegal or harmful manner – including compliance with
However, there are four policies outlined in their Usage Policies that applies across all OpenAI services:
1. Comply with applicable laws
Users must comply with the laws in their geographical location, including respecting the privacy of others, avoiding illegal activity, distributing harmful substances, or putting children in harm’s way.
So you’re not allowed to ask ChatGPT how to conduct nefarious activities, or use its output to assist in illegal or harmful courses of action.
2. Don’t harm yourself or others
Users aren’t allowed to use their services to promote harmful activities, produce weapons, or injure others.
3. Don’t use output to harm others
Users must never use generated output to scam others, send spam, bully, harass, or discriminate.
4. Respect safeguards
Users cannot circumnavigate OpenAI’s safeguards. There are exceptions to this rule for certain research teams, and OpenAI’s Red Teaming Network.
Can I copyright ChatGPT-generated content?
Sure, the output isn’t copyrighted by ChatGPT or OpenAI – but can you copyright the material it generates?
This depends on where you are in the world. If you’re seriously considering copyrighting ChatGPT-generated content, you should conduct further research into the most recent laws in your country.
In the US
If you’re in the US, the answer is no. The United States Copyright Office does not allow copyright of content created by machines. Turns out, that’s true of humans, too – humans cannot copyright content created by machines.
A ruling from the United States Copyright Office declared that a woman was unable to copyright output generated by AI.
Author Kristina Kashtanova used image-generation software Midjourney to create images for her graphic novel. The Copyright Office ruled that she was able to copyright the text, as well as the ‘selection, coordination, and arrangement of the Work’s written and visual elements.’ But she was unable to copyright the generated images themselves.
In the UK
If you’re in the UK, it’s not as straightforward. The Copyright, Designs and Patents Act of 1988 suggests that computer-generated works – which now include AI-generated works – can be protected by copyright.
At the date of publication, there have been no major rulings that demonstrate this in practice. But theoretically, you can copyright AI output in the UK.
Where does ChatGPT get its training data?
The main argument against passing off ChatGPT-generated content as your own is that it’s not always reliable.
OpenAI’s engines are trained, as explained by ChatGPT, on a mixture of data that includes copyrighted works.
OpenAI doesn’t fully disclose the training process for their LLM, but it includes a large data set of works found on the internet, including websites, books, and artworks.
Does ChatGPT’s training data infringe copyright laws?
LLMs like ChatGPT are trained on massive datasets taken from the internet, including copyrighted works. One of the major debates as LLMs have risen in usage is the legal rights of creators who make content that is then used to train ChatGPT.
How is ChatGPT able to use copyrighted works to train its engine? In the US, it's due to fair use laws. But there’s an ongoing debate about whether training an LLM counts as fair use.
This unauthorized use of data has led to widespread complaints and legal action: a lawsuit from The New York Times, a lawsuit from a series of U.S. news agencies, and claims that the model’s training process violates the EU's General Data Protection Regulation.
Europe and the UK allow text and data mining (TDM) if it’s done for non-commercial purposes. However, OpenAI users are permitted to use ChatGPT-generated content to make profit.
But OpenAI also mandates that users respect the laws of their jurisdiction – in the UK, that would include not using content that was generated thanks to TDM in order to make profit. That means that UK residents aren’t able to use ChatGPT-generated content to make a profit. But in practice, this isn’t currently enforced.
The safest way to use ChatGPT at work
If you use ChatGPT in a professional context, there can be negative consequences to poorly generated output.
By using a chatbot platform, you can add safeguards to your ChatGPT-generated output.
If you’re interested in exploring secure ways to use the latest LLMs in your organization, reach out to our sales team.
Or if you want to try our solution for free, you can start building today.
FAQ
Is ChatGPT copyright free?
Users can generate ChatGPT content with no concern of violating copyright laws. However, it remains murky whether users can copyright that material themselves.
Is ChatGPT copyrighted?
The text, images, and videos generated by ChatGPT are not copyrighted by OpenAI or ChatGPT. They belong to the user.
What counts as copyright infringement for ChatGPT?
Since GPT-generated content is not copyrighted, you cannot commit copyright infringement using ChatGPT content.
Can I use AI-generated content for school?
While you won’t face the wrath of copyright lawyers if you use AI-generated materials for school, you probably won’t be learning as much if you do it regularly.
What does copyright law say about ChatGPT?
Copyright laws vary by country, but OpenAI says that works generated by their services belong to the user. Whether you can copyright AI-generated materials differs by country.
Is it illegal to use AI-generated material at work?
While it’s not illegal to use AI-generated material at work, it may violate your company policies. It’s always best to be upfront about how you use generative AI at work.
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