Artificial Intelligence (AI) tools such as OpenAI’s ChatGPT have been widely discussed in terms of the potential implications they have upon intellectual property rights. While these platforms possess the capability to generate content such as articles, essays, and music, questions have been raised as to who holds the rights over AI-generated content. In South Africa, the Copyright Act differentiates between traditional authorial works and computer-generated works, such as those of OpenAI’s DALL-E, making copyright protection applicable in these cases. As such, there may be a need to review and amend the Copyright Act to better cater to emerging technologies.
Microsoft-backed OpenAI first released ChatGPT in late 2020. By combining AI with natural language processing, the chatbot is able to provide automated responses to user’s questions. Consequently, it has gone viral, with many debating the ramifications and potential of the tool. Other technology giants like Google, Amazon, and Meta have also unveiled AI-based tools in recent times.
An issue concerning the use of such tools is ownership of the generated content. A part of OpenAI’s user agreement establishes that all rights over AI-generated content belong to the individual who provided instruction for the output. Michalson Law Firm notes, that in chatbot’s case, legal risks do exist. If the content was created using copyrighted works, third parties may take legal action against those who contributed to the infringement. To cover this, it is thus recommended that people use AI-generated output ethically, responsibly and lawfully.
In conclusion, the matter of AI-generated content and copyright protection is complex and needs to be assessed on a case-by-case basis. It is highly recommended to review the Copyright Act and proposed Copyright Amendment Bill, to draw a thorough view of the concept, before using AI-generated content for commercial purposes.
Sabinet is a library services provider and aggregator of Southern African research content and journals. It is dedicated to advancing knowledge and understanding by providing open access to journal and magazine content, consultation and seminars, as well as prospecting new knowledge-based projects and technologies.
Michalson Law Firm is an environment and energy law dispute resolution firm offering legal advice, litigation and advocacy on a variety of environmental and energy related matters. They specialize in environmental compliance, environmental impact assessments, and renewable energy law. They have a wealth of experience in advising their clients on numerous environmental and energy related disputes.
