AI's Legal Wilderness: Exploring Uncharted Territory

Published Date: 12/08/2024

As AI technology advances, the legal profession is scrambling to address the numerous concerns surrounding its use, including copyright infringement, bias, and data protection.

Artificial intelligence has been hailed as the next frontier, with 55% of Americans regularly using AI in some form or fashion. However, the legal ramifications of this technology are still largely unknown or undecided. The legal profession is grappling with the numerous concerns surrounding AI, from copyright infringement to bias and data protection.

Marcus Harris and Joseph Balthazor Jr., attorneys at Taft Stettinius and Hollister LLP, have identified several areas where companies use artificial intelligence and the corresponding legal concerns. These include right of publicity, copyright, trademark, and other IP violations, as well as improper use or disclosure of personal data or protected health information.

One of the most pressing concerns is the lack of copyright protection for works created from generative AI platforms. This raises questions about ownership and authorship, particularly when it comes to AI-generated content. Furthermore, the use of AI systems like OpenAI's ChatGPT and the training of these systems may constitute copyright infringement or fair use.

Harris and Balthazor also highlight the importance of addressing bias in training data, which can lead to adverse employment, financial, legal, and housing decisions. Additionally, they note that AI vendors may provide warranties of ownership or non-infringement that may not provide any value to end-users.

To navigate this uncharted territory, Harris and Balthazor advise clients to have a written generative AI use policy, read the terms of use and terms and conditions of any AI platform before using it, and avoid putting confidential or proprietary information into the prompt. They also recommend choosing AI platforms wisely based on who owns the inputs and outputs and understands the trade-offs.

The area of AI law is still in its infancy, but it is reminiscent of the early stages of the internet and the Digital Millennium Copyright Act of 1998. As the technology continues to evolve, it is essential that stakeholders come together to build a comprehensive system of policing online infringements and addressing the numerous concerns surrounding AI.

FAQS:

Q: What are some of the legal concerns surrounding the use of artificial intelligence?

A: Some of the legal concerns surrounding AI include right of publicity, copyright, trademark, and other IP violations, as well as improper use or disclosure of personal data or protected health information.

Q: Do AI-generated works have copyright protection?

A: No, there is currently a lack of copyright protection for works created from generative AI platforms, raising questions about ownership and authorship.

Q: Can AI systems like OpenAI's ChatGPT constitute copyright infringement or fair use?

A: Yes, the training of AI systems like OpenAI's ChatGPT and the use of those systems may constitute copyright infringement or fair use, highlighting the need for clearer guidelines and regulations.

Q: How can companies navigate the legal landscape of AI?

A: Companies can navigate the legal landscape of AI by having a written generative AI use policy, reading the terms of use and terms and conditions of any AI platform before using it, and avoiding putting confidential or proprietary information into the prompt.

Q: What is the current state of AI law?

A: The area of AI law is still in its infancy, but it is reminiscent of the early stages of the internet and the Digital Millennium Copyright Act of 1998, highlighting the need for stakeholders to come together to build a comprehensive system of policing online infringements and addressing the numerous concerns surrounding AI.

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