Who owns AI generated works?

While some programs may retain partial rights of created content, the legal and ethical responsibilities are most often the responsibility of the user. It is important to read through any licensing or terms of use to fully understand what rights and liabilities that you may have.

What does copyright have to do with AI generated content?

AI generators are programed using large data sets that may include copyright protected material. The sophistication of the generative process can allow users to accurately mimic styles of creators.

Those generated works can violate a creators economic and moral copyrights right by,

• Using works outside of the scope of Fair Dealing or other copyright exceptions.
• Replicating or producing substantially similar works.
• Creating similar competing works in the marketplace.
• Having their name associated with works that are not their own.

Are there any risks in using or sharing AI generated works?

Yes. Posting or ‘making available’ content you generate through AI programs may open you to legal risks if the content contains enough similarities to infringe on protected works.

Are generated works protected by copyright?

Under current definitions, AI generated works are not considered protected by copyright since,

• The AI tool is not human and lacks the accountability needed to be designated authorship.
• Prompts likely do not have the complexity to demonstrate an exercise of skill and judgement to qualify for protection on their own.
• The data harvesting used to train the generative AI tool may not have been done fairly.

Works that would have qualified for copyright protections before the use of AI tools would likely maintain their eligibility.

For example, adding AI generated elements to a photograph would not disqualify the photograph of its original protections. The AI generated elements added may not have protections of their own.

Can I use AI generated content in my class?

It is important to discuss the use of AI programs prior to adopting them.  Generated content should never be claimed as original or used to replicate any existing protected works. Using AI tools may be permissible if,

• Agreements are in place to allow its use.
• Content is identified as AI generated.
• Distribution of generated content is adequately controlled. And,
• The use of the content falls within the Academic Integrity, Plagiarism and Copyright policies.

For additional information on using Generative AI at Algonquin College, please see our Generative AI Subject Guide.

Home - Generative AI - Subject Guides at Algonquin College (libguides.com)

All content found on this subject guide is intended for Algonquin College staff, faculty, and students. This guide is a reference for the application of general copyright principles and practice and is not intended to provide legal advice.