ChatGPT is a revolutionary AI-powered technology that produces content which appears to have been created by a human. This technology creates a variety of potential applications, but its impressive capabilities raise questions about who holds the right to the copyright of the content generated by it. To understand the legal aspects concerning copyright in connection with AI-generated works, it is necessary to look into the framework of UK law.
According to the Copyright, Designs and Patents Act 1988, any works generated by computer where there is no human author are known as “computer-generated works.” These works are not considered to be of human authorship, as the law stipulates that works in order to be subject to copyright must be expressed in a manner that is recognizably human.
Sercan Ozcan is a Professor at the University of Portsmouth and an expert on artificial intelligence. Joe Sekhon is Senior Lecturer in Intellectual Property Law at the same university and Oleksandra Ozcan is a Lecturer at the same institution. Together, their expertise on copyright law and AI-generated works gives us a comprehensive understanding of the topic.
In terms of the law, questions arise when it comes to the ownership of copyrights generated by artificial intelligence. In the UK, digital content generated by AI is not considered a “work”, and therefore copyright law will not apply. However, it is important to note that the author of the underlying work (i.e. the AI algorithm) or the person/company who has commissioned or created the work will typically be the owner of the copyright, unless another law or contract applies.
The use of AI-generated works creates a complex legal area and it is important for any companies who create or use artificial intelligence in their business to be aware of their rights and any potential legal implications. It is also, of course, important to remember the key question of who owns the copyright, and to ensure that the rights and obligations of any parties are clarified and agreed upon.
