As of April 11, 2024, ChatGPT is on everyone's lips. What do companies need to consider regarding copyright and data protection when using this AI tool?
There's general confusion surrounding the use of GPT services. It depends on the company's location and the country where the service is offered.(just saying, this can be tricky if you deploy your application in multiple regions on AWS) Currently, there are no global regulations requiring labeling of AI-generated content or censorship of language models. However, some AI startups might self-impose restrictions.
A notable exception is the EU AI Act, which launched on January 1st, 2024. We might see companies migrate out of the EU due to this. In a follow-up piece, I'll delve into the additional costs and regulations companies need to consider. The most interesting question will be how big tech firms adapt to the new EU regulations. Will they simply stop offering services within the EU? It remains to be seen.
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As someone who develops AI solutions daily (and is no longer located in the EU), here's some common sense to share:
Rule No.1 : DO NOT HOST ANYTHING WITHIN THE EU.
Question: Who is considered the author when companies use Chat GPT - and use the tool to write a text for the company website, for example?
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Answer: Yes. The problem is that it is not clear which sources Chat GPT uses to write its textscreate content. According to the Copyright Act, the adoption of parts of other people's works or their transformation is generally not permitted without the consent of the author. However, it is entirely possible that texts content from Chat GPT represent only minimally modified versions of another text content or that essential elements of the original text content have even been adopted identically. Anyone who reproduces or publishes such a text or images is committing a copyright infringement - even if they do so without malicious intent. In such a case, the author of the original can assert claims for injunctive relief, damages and removal. For example, if you ask Chat GPT to write an advertising text using the setting of the Lord of the Ring novels, the author Tolkin's copyrights are likely to be violated. However, copyright infringements are rare for other texts, as Chat GPT uses its “own” formulations and these are then not protected.
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