I have been- sporadically – trying out ChatGPT and BingChat. Now Google/Bard is available in Europe and I started playing with it yesterday.
Of course language models are concerned only with “the most probable text to follow” where truth or correctness has no value – and cannot actually be given any value. My current concern is about the ownership of the product of language model based chat-bots. For example, the following questions come to mind
- Text is generated following a “prompt”. Is the “prompt” an act of creation/invention?
- Who owns the copyright to the text generated?
- Who is the beneficial owner of the product (the generated text)?
- Who is accountable/liable for any consequences of generating the text?
To begin with I put the question to Bard:
ktwop: Who owns or is accountable for or liable for text generated by a “text-based AI”?
Bard: The ownership and liability of text generated by a text-based AI is a complex legal issue that is still being debated. There is no clear consensus on who owns the copyright for AI-generated text, and the liability for any harm caused by such text is also uncertain.
In the United States, copyright law generally requires that a work be created by a human being in order to be protected. However, there is some debate about whether this requirement applies to AI-generated text. Some experts argue that AI-generated text can be considered “created by a human being” if the AI was trained on a dataset of human-created text. Others argue that AI-generated text is not “created by a human being” and therefore cannot be copyrighted.
The liability for harm caused by AI-generated text is also uncertain. In some cases, the person or entity that created the AI may be liable for any harm caused by the text. In other cases, the person or entity that used the AI may be liable. It is also possible that both the creator and the user of the AI could be liable.
The legal issues surrounding AI-generated text are complex and evolving. It is important to consult with an attorney if you have any questions about the ownership or liability of AI-generated text.
Here are some additional factors that may be considered when determining the ownership and liability of AI-generated text:
- The extent to which human input was involved in the creation of the text.
- The purpose for which the text was created.
- The intended audience for the text.
- The potential harm that could be caused by the text.
Ultimately, the ownership and liability of AI-generated text will be determined on a case-by-case basis.