ChatGPT and copyright issues (2023)

ChatGPT and copyright issues (1)

What is Chat GPT? How does it work?

To help demystify the copyright implications of ChatGPT (the chatbot we keep hearing about), we asked ChatGPT themselves to explain what it is. his answer (initalics), analyzed for readers' reference.

The prompt will be "What is ChatGPT?".

“ChatGPT is an AI-based language model developed by OpenAI and built on top of the GPT 3.5 architecture. The GPT 3.5 architecture is an advanced deep learning architecture that uses Transformer (a type of neural network) to process and generate ChatGPT natural language text based on large amounts of text data such as books, articles, and web pages Pre-trained to use unsupervised learning techniques. This pre-training enables ChatGPT to understand the nuances of natural language and generate human-like responses to a variety of speech output. related tasks such as answering questions, generating text and translating languages.”

Simply put, ChatGPT is a derivative of the Large Language Model (LLM). LLM is a machine learning natural language processing (NLP) model that processes large amounts of text data to identify and process connections between words in the text. LLMs get better capabilities as the input data set and parameter space increase. This can be understood through the following analogy: the more food one eats, the more energy one has (input data set). The larger a person's stomach capacity, the more food they can eat (parameter space).

At a basic level, a language model is first taught to predict words in a sequence of words. For this purpose, today's LLMs use "transformers" that can process all input data simultaneously, which is why they can deliver relatively accurate answers in a short time even when sending multi-segment prompts to ChatGPT.

(Video) Plagiarizing ChatGPT - Is it Illegal?

The full form of GPT is "Generative Pre-Training Transformer". GPT-1, GPT-2, GPT-3, and GPT-3.5 use a Transformer architecture, which means they all have an "encoder" that processes the input and a "decoder" that generates the output. Both the encoder and decoder feature a "multi-head self-awareness mechanism" that allows the GPT model to weight parts of the input to derive their meaning from context in a human-like manner. The encoder also uses "masked language modeling" where the goal is to predict "masked" words between word sequences (input). Masked language modeling allows GPT to recognize and understand connections between words and provide tailored responses.

Will the GPT model change the way we think about copyright?

The chatbot is capable of creating various content protected by intellectual property laws such as B. Articles, song lyrics, programming code or text translations.

Through the above process, ChatGPT is able to create almost unlimited content. However, the question of whether the copyright belongs to the chatbot or the creator OpenAI LLC seems to be determined by OpenAI's terms of service. The simple answer is that ChatGPT does not own the content it generates. Below are the terms of use for content generated by ChatGPT. As of April 14, 2023, Section 3 (below) of the OpenAI Terms of Service covers content.

ChatGPT and copyright issues (3)
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"Content" includes input provided by the user in the prompt and output based on input generated by ChatGPT in response. Currently, the user owns all submissions, which are subject to applicable law. Regarding the output, OpenAI appears to "transfer" all of its rights, title, and interest in the output to the user. "Assignment" means that the copyright owner transfers ownership of the work to another party and after the transfer can no longer control its use. The assignee has all the rights that the original owner had.

However, these Terms do not specify the details of the assignment under Section 19 of the Indian Copyright Act (the “Act”). Details must include the duration of the transmission, the territory, the percentage of royalties and the consideration to be paid. Since the operations are online, the territory represents the whole world. This poses a problem for deletion, especially since the users who are said to have been assigned ownership of some issues have already published issues under their own names, because what happens if the assignment is deemed invalid in the future?

It should be noted that ChatGPT collects publicly available information from the Internet, feeds it into its own database - trained on this information - and creates its own new answers. The public information from which it derives its training data is likely to be copyrighted, although some information may be non-copyrighted material, such as: B. Facts, findings and works whose copyright has expired.

When ChatGPT was asked if copyrighted material was used during training, the first answer was:

ChatGPT and copyright issues (4)

When the same question was asked again, it provided a different, if not contradictory, answer.

ChatGPT and copyright issues (5)
(Video) A.I. Versus The Law

However, ChatGPT's argument that its training data was pre-processed to remove all copyrighted material is questionable, as the vast majority of publicly available resources are either copyrighted or offer Creative Commons licenses for use in areas featuring ChatGPT, since some of the training data would be ambiguous is obviously copyrighted and ChatGPT uses it to write its own answers, does the final answer to our question constitute a derivative work? How does OpenAI distribute these hypothetical derivative works to its users if they don't authorize them? If it is confirmed that some of the training data is copyrighted and ChatGPT creates its own responses from that training data, is this process sufficient to establish fair use? (Italy currently has a ban on ChatGPT unless the process information is disclosed.) If someone uses this unauthorized derivative work, is it an indirect or collective violation of Open AI? In any case, are the entities involved in the replacement/contribution violation OpenAI or ChatGPT users? How would the question of whether the output generated by ChatGPT has originality answered by each of the three tests (Creativity, Dexterity and Judgment, and Perspiration) if the argument that no one except individuals and corporations can own intellectual property is answered in the negative? Brow)?

The answers to the last three questions are in different utterances as the purpose of this article is to enlighten the reader on the copyright impact that ChatGPT can have. Additionally, copyright laws in several jurisdictions do not grant AI ownership of AI-generated content, as AI cannot be considered an author and does not have any legal or natural personality, which is a prerequisite for owning and owning intellectual property rights.

However, content ownership varies depending on the source of the training database, the owner of the database, and the degree of similarity between the database and the generated output. If ChatGPT is believed to be capable of creating original literary works, then it can be considered an author, and if deemed an author, the question of liability for copyright infringement arises. However, OpenAI's terms seem to indicate that liability for violations shifts to the eventual owner of the generated output, the user (remember that OpenAI assigns ownership of the generated output to the user who provided the appropriate input) .

Comparing how ChatGPT works with works created by graphic artists using drawing software (where ownership belongs to the artist, not the creator of the software), it becomes clear that ChatGPT does not allow human intervention in its creative output, while this is the case with The case of drawing software is used by people as tools to create final works of art. Therefore, it seems unlikely that a copyright infringement case against a ChatGPT user will be successful, as the court would have to prove that one party copied the work of the other, with the user theoretically not involved.

Another limitation, as stated by OpenAI, is the way machine learning generates similar and identical outputs for different users. In such cases, as the Internet is a cluttered place, determining the copyright owner of such identical or similar results can be complicated.

Indian scenario

Upon reading Sections 16 and 17 of the Copyright Act and the Form XIV requirement to disclose the applicant's name, nationality and address in order to register copyright, it can be concluded that there is an implicit human authorship condition for registration. It can also be seen that Section 2(d)(vi) of the Act also recognizes the human premise when using the pronoun "who" to attribute authorship to a person. So while the question of whether ChatGPT output can be attributed to humans is outside the purview of the law, it is clear that humans cannot be the originators of ChatGPT-generated content.

ChatGPT and copyright issues (6)
(Video) Copyright implications of ChatGPT

Ironically, after reviewing the Copyright Office's records, an AI artistic application, RAGHAV (Robust AI Graphics and Artistic Visualization Tool), has been and continues to be named co-author (as of April 17, 2023).








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Is ChatGPT answers copyrighted? ›

However, most scholars have opined, and the US Copyright Office has ruled that the output of generative AI systems, like ChatGPT, are not protectable under US copyright law because the work must be an original, creative work of a human author.

Is it copyright infringement to use ChatGPT? ›

Copyright law is based around a general principle that only content created by human beings can be protected. The algorithms underpinning ChatGPT were developed at OpenAI, so the company would appear to hold copyright protection over those.

Is ChatGPT trained on copyrighted data? ›

ChatGPT and its successor GPT-4 appear to have memorised details from vast numbers of copyrighted books, posing questions about the legality of how these large language models (LLMs) are created.

How do you resolve copyright issues? ›

You can typically request a court order demanding the infringing party to immediately stop using the copyrighted material and ask for money damages (that is, monetary compensation) for any actual harm that has occurred as a direct result of the infringement.

Can I use ChatGPT responses commercially? ›

Yes, ChatGPT is free for commercial use. However, there are some considerations as commercial use does mean users need to be careful when using such services. OpenAI has pointed out its position in the following statement: “It is free for anyone to use and modify it for any purpose, including commercial use.

Does ChatGPT own your data? ›

No, ChatGPT does not sell data.

It is a digital assistant that uses artificial intelligence and natural language processing to provide human-like responses to customer questions. ChatGPT ensures that the user's conversation data is securely stored.

Can you go to jail if you get copyrighted? ›

For details, see Title 17, United States Code, Sections 504, 505. Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense.

Where does ChatGPT get its information from? ›

ChatGPT is an AI language model that was trained on a large body of text from a variety of sources (e.g., Wikipedia, books, news articles, scientific journals).

How can I use copyrighted material without permission? ›

Fair use gives users the right to use copyrighted material without permission under certain circumstances. If a use is fair, the user need not notify or seek permission from the copyright holder.

Who controls ChatGPT? ›

ChatGPT is an artificial intelligence (AI) chatbot developed by OpenAI and released in November 2022. The "Chat" in the name is a reference to it being a chatbot, and the "GPT" stands for generative pre-trained transformer—a type of large language model (LLM).

Who owns ChatGPT? ›

Chat GPT is owned and developed by OpenAI, a leading artificial intelligence research and deployment company based in San Francisco that was launched in December 2015.

How do I check if a content is copyrighted? ›

To determine if a work is copyrighted, individuals should view the current copyright registrations.
How to Check for Copyrighting
  1. Visit the US Copyright Office's webpage and search for the work using its title, name, or keyword.
  2. View the results.
  3. If needed, narrow the results.

What do you say to avoid copyright? ›

If you want to waive all intellectual property rights that you're granted under copyright laws, then put the phrase 'No Rights Reserved' at the end of your copyright disclaimer. However, the more common way to express reserving no rights over your property is to use the Creative Commons signifier CC0.

What happens if I get in trouble for copyright? ›

Willful copyright infringement can result in criminal penalties including imprisonment of up to five years and fines of up to $250,000 per offense. Copyright infringement can also result in civil judgments.

How much text can you copy without infringing copyright? ›

Text and Data

You can use up to 10%, but no more than 1000 words, of essays, articles, or stories, of a single copyrighted work. You can use up to 250 words of an entire poem, or a portion of a poem.

Is ChatGPT better than Google? ›

Is ChatGPT better than Google? Both ChatGPT and Google are accurate. But ChatGPT's data can be more accurate than Google's because its AI understands the nuances much better than Google. This feature of ChatGPT helps it answer those questions which Google may not answer correctly.

What companies use ChatGPT? ›

ChatGPT, the much-hyped generative AI chatbot from OpenAI, is attracting the attention of the largest tech companies in the world, with Amazon Web Services (AWS), Google Cloud, Microsoft and Nvidia standing to benefit from the tool's popularity and capabilities.

What should I use ChatGPT for? ›

Chat GPT is an incredibly powerful tool for anyone who wants quick answers to questions, ideas and inspiration, coding assistance, or some writing help. To access Chat GPT, all you need to do is make a free account on the OpenAI website.

Can schools detect ChatGPT? ›

Yes, universities can detect ChatGPT essays and code using various methods. Plagiarism detection tools like Turnitin and Copyscape can spot if an essay is generated by ChatGPT without proper editing or citation.

Does ChatGPT record conversations? ›

Does ChatGPT Record Your Conversations? Yes, ChatGPT records everything you type into it. Its privacy policy states that when you use ChatGPT, it may collect personal information from your messages, any files you upload, and any feedback you provide.

Does ChatGPT violate privacy? ›

Italy, in March, temporarily banned the use of ChatGPT due to alleged violations of user privacy. That country's guarantor for data protection demanded that the service demonstrate compliance with applicable privacy laws, and provide improved transparency into how the system handles user data.

How not to infringe copyright? ›

Six steps to protect against copyright infringement claims
  1. Do not copy anything. ...
  2. Avoid non-virgin development. ...
  3. Avoid access to prior design work. ...
  4. Document right to use. ...
  5. Negotiate for enhanced warranty and indemnity clauses. ...
  6. Document your own work.

How long does a copyright usually last? ›

As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years.

What cannot be copyrighted? ›

Copyright does not protect ideas, concepts, systems, or methods of doing something. You may express your ideas in writing or drawings and claim copyright in your description, but be aware that copyright will not protect the idea itself as revealed in your written or artistic work.

What are the disadvantages of ChatGPT? ›

The Disadvantages of ChatGPT. One of the biggest cons of ChatGPT or any other AI chatbot is that it cannot be used as an authoritative source of information. At the time of writing (April 2023), the technology still relies on content from the internet, as in 2021.

How much will ChatGPT cost? ›

ChatGPT Plus was announced at the end of January 2023 and in relation to ChatGPT Pro would be one of the lower-cost plans. You can get access to this paid version of ChatGPT for a monthly subscription of $20.

Will ChatGPT replace programmers? ›

The short answer is no, ChatGPT will not replace programmers entirely. However, it has the potential to automate some aspects of programming, such as code generation, bug fixing, and documentation. ChatGPT can learn from vast amounts of code and data, making it possible to generate new code similar to existing code.

What are the 4 fair use exceptions to copyright? ›

Fair use of copyrighted works, as stated in US copyright law, “for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.”

How much do I need to edit a copyrighted image to legally use it? ›

According to internet lore, if you change 30% of a copyrighted work, it is no longer infringement and you can use it however you want.

Does Microsoft own ChatGPT? ›

Elon Musk has disowned OpenAI, the nonprofit he helped launch that is responsible for AI sensation ChatGPT. Microsoft is now effectively controlling the company.

Where is ChatGPT headquarters? ›

Chat GPT is owned and developed by AI research and deployment company, OpenAI. The organization is headquartered in San Francisco and was founded by some prominent players – including Elon Musk, Sam Altman, Peter Thiel, OpenAI chief scientist Ilya Sutskever, Jessica Livingston, and Linkedin cofounder Reid Hoffman.

What does ChatGPT stand for? ›

Chat GPT stands for Chat Generative Pre-Trained Transformer and was developed by an AI research company, Open AI. It is an artificial intelligence (AI) chatbot technology that can process our natural human language and generate a response.

Is ChatGPT owned by Elon Musk? ›

Musk was one of the original co-chairs of OpenAI, the company behind ChatGPT, a tool that became the fastest-growing app ever, according to a USB study. The artificial intelligence bot is often used to answer questions and complete tasks with seeming accuracy.

Is ChatGPT open source? ›

Mind you, ChatGPT still uses open source code.

Does Elon Musk own OpenAI? ›

Musk is one of the co-founders of OpenAI, which was started as a non-profit in 2015.

How do I find out who owns a copyright? ›

The U.S. Copyright Office maintains records of registered works by author and title, some of which may be searched online. More information can be found in the Copyright Office Circular 22 – How to Investigate the Copyright Status of a Work, or by calling the Copyright Office at (202) 707-9100.

Who owns a copyright? ›

As a general rule, the initial owner of the copyright is the person who does the creative work. If you wrote the book or took the photograph, you are the copyright owner. Employer may be the copyright owner.

How do you know if you are plagiarizing or violating copyright? ›

Plagiarism applies when ideas are copied; copyright violation occurs only when a specific fixed expression (e.g., sequence of words, use of an image) is copied. Avoiding plagiarism is about properly apportioning intellectual credit; copyright is about maintaining revenue streams.

How do I change a picture to avoid copyright? ›

If you edit an image that you didn't create, copyright law still applies. The only way to avoid copyright infringement with images is to create unique works, purchase a license to use an image or find a free-to-use image.

What is the most common remedy for copyright infringement? ›

Remedies for copyright infringement can include:
  • payment to the copyright owner of any profits the infringer received and of any losses suffered by the copyright owner, or 'statutory damages' as an alternative to actual profits and losses;
  • a court order restraining the infringer from continuing the infringing activity;
Jul 31, 2019

What are 3 examples of violating copyright laws? ›

What is copyright infringement?
  • Recording a film in a movie theater.
  • Posting a video on your company's website which features copyrighted words or songs.
  • Using copyrighted images on your company's website.
  • Using a musical group's copyrighted songs on your company's website.
May 11, 2023

Has anyone gone to jail for copyright infringement? ›

A 26-year-old California man who pleaded guilty last December to criminal copyright infringement charges was sentenced today to 87 months in federal prison -- the longest U.S. sentence ever for software piracy -- for his role in illegally copying and selling pirated software (download PDF).

Can you plagiarize something that isn't copyrighted? ›

If a work isn't copyrighted, you can still plagiarize it by stealing the work and pretending it is your own, but this would not be copyright infringement. Plagiarism and copyright infringement are often committed at the same time, which is one reason people easily confuse the two.

Can 2 words be copyrighted? ›

slogans, and other short phrases or expressions cannot be copyrighted.” [1] These rules are premised on two tenets of copyright law. First, copyright will not protect an idea. Phrases conveying an idea are typically expressed in a limited number of ways and, therefore, are not subject to copyright protection.

How do you check if this is copyrighted? ›

The U.S. Copyright Office maintains records of registered works by author and title, some of which may be searched online. More information can be found in the Copyright Office Circular 22 – How to Investigate the Copyright Status of a Work, or by calling the Copyright Office at (202) 707-9100.

How can I check if something is copyrighted? ›

Follow these steps to do a copyright search:
  1. Go to Begin your search by navigating to . ...
  2. Access the database: Click the link that says, “Search our Copyright Public Records Catalog online here.”
  3. Run a basic search: The link will bring you to the catalog, where you can run a basic search.

Is there an alternative to ChatGPT? ›

What is the best alternative to ChatGPT? ChatSonic is considered the best AI-powered chatbot as it provides personalized responses and assistance to users. Like ChatGPT, it uses advanced natural language processing technology to understand user input and generate relevant and helpful responses.

Who is the rival of ChatGPT? ›

Google Bard (LaMDA)

Google LaMDA, which was launched in 201, is considered to be one of the biggest competitors of ChatGPT.

Is there a website to check copyright? ›

Welcome to the Copyright Public Records Portal. This is your starting point for finding copyright records held by the Copyright Office. Here, you can search our online records, learn about our searching and retrieval services, and view educational videos and materials.

How do I get permission to use copyrighted material? ›

One way to make sure your intended use of a copyrighted work is lawful is to obtain permission or a license from the copyright owner. Contact a copyright owner or author as far as pos- sible in advance of when you want to use the material specified in your permissions request.

How long does a copyright last? ›

As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years.

Can you copy copyrighted material for personal use? ›

The Copyright Act allows anyone to photocopy copyrighted works without securing permission from the copyright owner when the photocopying amounts to a “fair use” of the material (17 U.S.C. SS107).

What things can be copyrighted? ›

Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.


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