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ARTICLE · 24 APRIL 2023

The rise of the machines - Artificial intelligence (AI) and copyright risks

There is a serious risk that content generated by AI systems could infringe the copyright of a third party.

AustraliaTechnology

With the sudden rise of Artificial Intelligence ('AI') in platforms including Chat GPT, Jasper Chat, Dall-E etc, arise new risks for individuals and businesses.

Have you asked yourself: who owns the copyright in the content produced in response to my prompts?

Might there be copyright and other intellectual property implications arising from the rise of the machines?

Can content generated by AI infringe copyright?

Whilst it is yet to be confirmed under Australian law, there is a serious risk that content generated by AI systems could infringe the copyright of a third party.

This risk stems from how AI systems work.

Generative AI tools are invariably trained by data and some of the data is protected by copyright. ChatGPT, for example, is fed on large amounts of data from the internet, some of which material will be subject to copyright protection. The system is then trained to produce written works that mimic a certain style or respond in a specific way.

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