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(Caveat: IANAL) As far as I know the issue of copyright and AI generated content hasn’t been tested in the courts yet. There are two issues: 1) The author inad
by jamesjyu 5y ago
(Caveat: IANAL) As far as I know the issue of copyright and AI generated content hasn’t been tested in the courts yet. There are two issues:
1) The author inadvertently uses output from GPT-3 that happens to be close enough to copyrighted material to be a problem.
This is why we recommend to authors do two things: a) enter as much of their own original work to prompt Sudowrite and b) edit and incorporate the AI output organically into their work. The chance that GPT-3 outputs verbatim copyright work in that case is small. As we grow, we also plan to incorporate plagiarism checks in the background.
2) Someone could challenge the author’s copyright on a piece of work that was primarily written by GPT-3.
This has not been tested in the courts, and I suspect it will come to head in the next few years. For me, the question of who owns copyright is dependent on how much work the author has done to the AI output (there are some parallels to the Monkey Selfie case [2]). For example, Stephen Marche (the author of the new yorker post from OP) also wrote a short story [1] using Sudowrite, in which he claims that 17.1% of the final words were from the AI. But of course, he has done non-trivial amounts of work to edit and incorporate those words and made it his own. So in this case, he def deserves ownership. All of our Sudowrite authors use the AI similarly in their process.
However, what if an author uses vanilla GPT-3 with no humans int the loop to generate hundreds of biographies of famous people based on wikipedia entries? I don’t have a good answer to this. It shouldmay come down to how much the author has done to guide GPT-3 and/or pre-post-process it.
Here’s further reading:
http://rutgerslawreview.com/wp-content/uploads/2017/07/Robert-Denicola-Ex-Machina-69-Rutgers-UL-Rev-251-2016.pdf http://rutgerslawreview.com/wp-content/uploads/2017/07/Rober...
https://core.ac.uk/download/pdf/77599763.pdf https://core.ac.uk/download/pdf/77599763.pdf
[1] https://lareviewofbooks.org/article/the-thing-on-the-phone/ https://lareviewofbooks.org/article/the-thing-on-the-phone/
[2] https://www.npr.org/sections/thetwo-way/2017/09/12/550417823/-animal-rights-advocates-photographer-compromise-over-ownership-of-monkey-selfie https://www.npr.org/sections/thetwo-way/2017/09/12/550417823...
- libertine 5y agoThank you for the insightful reply! Will definitely read more into it!