Copyright and Generative AI

Input

Popular Generative AI tools like ChatGPT and DALL-E use large language or text-to-image models that train through input of text, image, or other data to allow users to generate output using prompts. Generative AI tools may also allow users to upload their own materials to generate content.  

Many of these Generative AI tools were trained on publicly available content without consent of the copyright owners by relying on copyright exceptions (like Fair Dealing in Canada and Fair Use in the United States of America). There is legal uncertainty about whether these exceptions can be used to train Generative AI in this way and several lawsuits have been filed in the United States against leading Generative AI companies (see: Database of AI Litigation). Further case law and legislation will likely clarify this issue in future and have implications for how these tools operate.

Output

In the same way that there are questions about the legality of the way that Generative AI was trained, there is uncertainty about the status of the output. Some of the pending lawsuits allege that rather than generating something new, Generative AI output infringes copyright by reproducing copyright protected works or creating derivatives. 

Additionally, there is uncertainty about whether Generative AI output itself has a copyright. Human authorship may be a prerequisite for copyright protection under Canadian law, but it is unclear whether some degree of human direction may be sufficient for copyright to exist in generative output.

Generative AI tools will also often have Terms of Use or licenses that define ownership of Generative AI output between the company and the user, but the legal rights that ownership may provide remain unclear.  

Terms of Use

It’s important to understand conditions under any Terms of Use or licensing before using Generative AI tools. Do you get the right to any content that you generated using the tool? Are you responsible if there is any copyright infringement related to your use of the tool? Does the Generative AI provider get any right in your input or prompts? These types of questions might impact whether you choose to use a Generative AI tool. 

Your input

Generative AI tools may allow you to upload or input content for the purpose of summarizing or generating something similar, etc. You should ensure that you are legally permitted to upload any content to a Generative AI tool, and that it does not contain any confidential or sensitive information that should not be used by others.

When you are considering whether you have the right to input content, remember that students and faculty at the University of Manitoba typically own the copyright in their work and it should not be input into third-party tools without appropriate consent. 

It is also important to be aware of licensing conditions before uploading content into a Generative AI tool. E-resources you access through the University of Manitoba Libraries are subject to agreements the Libraries sign with vendors and publishers and unless there is explicit language indicating you can use this content with Generative AI you should assume this use is not authorized under the license. 

Openly licensed content under licenses like Creative Commons may be used as long as the licensing conditions are complied with. You should ensure that the terms of any other open license similarly allow use with Generative AI.

Material that is in the Public Domain (which normally occurs 70 years after the year of death of the creator) may generally be used, however, depending on the source you should again confirm whether any license applies to the material.  

Using Generative AI output

If you have considered these issues and would like to use Generative AI output, you should also review whether you are permitted to use the content in the way you intend. For example, instructors, publishers, or platforms may require disclosure or prohibit Generative AI from being used for a variety of purposes, and there can be negative repercussions for failing to follow these requirements beyond potential copyright implications. 

Questions?

If you have questions about copyright and Generative AI or materials you would like to use with these tools, contact the Copyright Office for assistance.