In the past few years, it has become apparent that there is a rise in the use of Artificial Intelligence (AI). There are obvious advantages in using AI. These include reduction of human errors, constant availability, efficiency and unbiased decision making. However, professionals must also take into consideration clear disadvantages.

1. Disadvantages

Despite the advantages provided by AI, there are risks in using these algorithms.  These include:

• Lack of creativity and emotion: emotions cannot be taught to AI as these are purely human traits. Despite the fact that AI can make unbiased decisions, such decisions can be impacted by the lack of empathy.
• Unemployment: AI can produce repetitive tasks efficiently and replace human resources. Its use can therefore facilitate unemployment.
• Laziness: some AI algorithms can produce a whole essay, compose music, or mimic human conversation. This could ultimately promote laziness as we would use our brain less.
• Lack of ethics: as mentioned above, emotions cannot be programmed into AI. This would be the same for morality and ethics as these are human traits.
• Intellectual Property: the impact of AI on Intellectual Property rights is still unclear. Intellectual Property laws were created way before AI and it is therefore uncertain as to how these will influence the use of AI.

2. Copyright

In March 2023, OpenAI launched an artificial intelligence chatbot, ChatGPT. OpenAI is an American laboratory conducting research to develop artificial general intelligence.

The main function of the chatbot is to mimic a human conversation. Although, its use can be versatile. For example, ChatGPT is used to compose music, write essays and poetry, or summarise text. ChatGPT aims to perform tasks through software which is inspired by the structure of the brain.

The features of the chatbot can unfortunately cause issues in terms of copyright and plagiarism.

As a recent example, the comedian Sarah Silverman is suing OpenAI and Meta alleging that her copyright has been infringed. According to Silverman’s lawyers, her rights were infringed in the training of the AI systems.

AI programs are trained to improve its performance. ChatGPT is trained to imitate human language with a view to producing written documents the way a human would.

Authors Christopher Golden and Richard Kadrey joined Silverman. Their suits allege that the programs illegally acquired datasets containing their works. These datasets were used as training materials for the AI. However, the authors have confirmed that they never consented to their copyrighted works being used.

Suits like this one are challenging for not only the research laboratories such as OpenAI, but also challenge the limits of copyright.

3. Defamation

As mentioned above, AI programs are trained by using online resources. Unfortunately, these resources are not always accurate. This can thus result in unwanted defamatory statements and damage to one’s reputation.

Since the release of ChatGPT, an Australian Mayor, Brian Hood, has threatened to sue OpenAI for defamation. Indeed, the chatbot falsely claimed that the Mayor was convicted of bribery. The truth is actually that Hood was a whistleblower and helped uncover a bribery scandal.

According to Euronews Next, Hood confirmed that he would give OpenAI an opportunity to correct the mistake. If, however nothing is done about the statement, then he would file a suit.

The rise of technology and AI can be stressful for businesses. Our commercial solicitors provide assistance on how to protect intellectual property and what happens in case of infringement and they would be happy to assist you on any related matters.

For further advice and assistance please contact our Commercial Solicitors on 01604 828282 / 01908 660966 or email info@franklins-sols.co.uk