Thinking of implementing generative AI? Think policy and training

Imagine your staff are using Chat GPT to analyse data sets, write emails using client data and produce new product ideas. Who owns that information, and are you in breach of privacy? 

Who owns AI-generated inputs and outputs?

This is an important question to address when a business considers using generative AI.

If you want to be able to monopolise, commercialise -or both- the outputs of generative AI, it is recommended you maximise the prospects of your business owning these outputs

While each country has copyright and privacy legislation, recent decisions in Australia indicate that the identification of the author of the output is likely to determine whether the data or computer-generated works are protectable under intellectual property laws.

There are several schools of thought when it comes to identifying the author (and therefore owner of the output), however, it isn’t provided for in legislation, and the Australian judiciary has yet to provide definitive guidance.

Until then, it is likely that AI-generated works, including data created by AI, will be treated as follows:

  1. AI is not an inventor, nor an author under Australian law.
  2. AI cannot own property rights, such as trademarks, copyrights, granted patents, or registered designs.

Regulate the use of generative AI in your business by providing training and an AI policy.

The creation of policies and procedures around the use of AI in your business is complex due to the evolving nature of AI and its legal implications. Consider the uses of generative AI in your business and seek out experts to formalise an AI policy and train staff appropriately.

Source: Lexology






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