IP Partner Wendi Opper Uzar was quoted extensively in “What Could Go Wrong? IP Lawyers Issue Warning About ChatGPT,” published in the March 23, 2023 issue of the New Jersey Law Journal. The article discusses the thorny issues related to the ownership of works produced with ChatGPT.
Wendi commented that many companies don’t want their employees to use AI at all because of the potential implications regarding ownership in the material, or allow them to use it only for producing internal content. She noted that, while the copyright office has opened the door to giving protection to certain works produced by AI, “that hasn’t actually occurred yet. It’s not clear what would meet that standard.”
If companies do allow it, Wendi said, then they ask if they should be giving their employees guidelines and standards on how to use it, “so we as a business can still protect our work that we’re putting out and make sure competitors and third parties aren’t going to be able to freely copy it.”
In the article, Wendi advised that companies that use ChatGPT should check into the indemnification clauses of the company providing the AI platform and to only use AI products sold by U.S. companies. “If you use AI to generate content and you get charged with infringement, you want to make sure that company is going to be around to protect you,” she said.
For the full article, see ChatGPT.
