A concern relating to the use of public deployments of generative AI systems is that the Prompts that Users enter into the system can be reused by the Provider or Developer without restriction, with the potential that control over any confidential information entered into the system will likely be lost and the information may cease to be confidential as a result.

The position is analogous to the prompts entered into a publicly available internet search engine or to text entered into a publicly available language translation website. Just as organizations should have policies and training programs controlling their staff’s use of confidential information on such websites, so too should those policies and training programs extend to use of public generative AI systems. For more information, see our blog, Everyone is using ChatGPT: What does my organisation need to watch out for?

 

Reviewing supply agreement restrictions

Private or Enterprise deployments should contain terms in the relevant supply agreement that restrict the Provider from reusing or disclosing the Inputs (and from reusing or disclosing any of the Deployer’s data that is used to further train or fine-tune the model). Clearly, the exact scope of these restrictions needs careful review and consideration, as do any terms that exclude or limit the Provider’s liability for breach of the terms, and the governing law and jurisdiction of enforcement. In principle at least, the risks for an organization here are analogous to the risks of using a cloud service provider such as AWS, Microsoft Azure, Google Cloud Platform, IBM Cloud, Alibaba Cloud etc. 

  

Generative AI

Infringement risk relating to training a generative AI system

Infringement risk relating to training a generative AI system

Generative AI systems are trained using vast amounts of data, often taken from sources in the public domain that may be protected by copyright or other intellectual property rights, such as, in the UK and EU, a database right.
Is the output of the generative AI system protected by intellectual property rights?

Is the output of the generative AI system protected by intellectual property rights?

The approach and requirements for intellectual property rights to subsist in computer-generated works vary from jurisdiction to jurisdiction.
Infringement risk relating to creation and use of the output of a generative AI system

Infringement risk relating to creation and use of the output of a generative AI system

Where the Output of a generative AI system is the same or substantially similar to a third party’s copyright work
Which actors have potential liability for infringement?

Which actors have potential liability for infringement?

A Deployer may be exposed to primary liability for copyright infringement as a result of the Output of a generative AI system infringing copyright

Industry:

Practice area:

Subscribe and stay up to date with the latest legal news, information and events . . .

Register now