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Copyright: Generative AI

This is a guide to understanding your rights and responsibilities, in relation to copyright, as a member of the Loyalist College community.

Generative AI tools

Large language models (LLMs) and other generative artificial intelligence (genAI) tools are evolving quickly and their impact on teaching, learning and research is significant, posing both opportunities and challenges. The following resource addresses copyright considerations for faculty, staff, and students at Loyalist College. If you have questions about copyright or need further support, please contact us. 

On this page:

  1. Are there copyright considerations I need to think about when using Generative AI tools?
  2. Can I use full-text library licensed e-resources (such as journal articles or eBooks) in Generative AI tools like Chat GPT?  
  3. Can I use the full-text of openly licensed material (such as Creative Commons content) in Artificial Intelligence systems? 

 

1. Are there copyright considerations I need to think about when using genAI tools? 

Yes. The legal status of AI tools is unsettled in Canada at this point in time. This is an evolving area and our understanding will develop as new policies, regulations, and case law becomes settled.  

  • Input: The legality of the content used to train AI models is unknown in some cases. There are a number of lawsuits originating from the US that allege genAI tools infringe copyright and it remains unclear if and how the fair use doctrine can be applied. Canada remains in a similar uncertain state; it is unclear the extent to which existing exceptions in the copyright framework, such as fair dealing, apply to this activity.
  • Output: Authorship and ownership of works created by AI is unclear. Traditionally, Canadian law has indicated that an author must be a natural person (human) who exercises skill and judgement in the creation of a work. As there are likely to be varying degrees of human input in content generated, it is unclear in Canada how it will be determined who the appropriate author and owner of works are. More recently, the US Copyright Office published the following guide addressing these issues:Copyright Registration Guidance for Works Containing AI-Generated Materials

If you would like to use genAI tools for content generation, consider the following before doing so: 

  • Have an understanding that while you can use these tools to create content, you may not own or hold copyright in the works generated 
  • Be mindful of what you input into tools: never input confidential information or significant portions of intellectual property you do not have the rights or permissions to. All content entered may become part of the tool’s dataset and may inadvertently resurface in response to other prompts 
  • Review the terms of service of each tool: These terms will dictate use and ownership of input/output and they are subject to change without notice 
  • Be explicit in how you have used these tools in the creation of your work. Keep a record of prompts and any IP you have used in the creation of output. Review attribution guidelines according to the style guide you are using. If you are publishing your work, review any requirements or policies that address the use of generative AI tools in your research. These policies will indicate whether AI can be used and how the use of these tools should be disclosed.

2. Can I use full-text library licensed e-resources (such as journal articles or eBooks) in Generative AI tools like Chat GPT?  

Generally, no. The library signs contracts with different vendors and publishers, which set out specific terms and conditions that users are responsible for complying with when accessing content. While what is permitted is not uniform across all resources, most agreements do not allow for the uploading of copyright protected works to third-party platforms, including genAI tools.

3. Can I use the full-text of openly licensed material (such as Creative Commons content) in Artificial Intelligence systems? 

It depends on the circumstances. The Creative Commons' FAQs on AI and CC Licenses indicates that "if someone uses a CC-licensed work with any new or developing technology, and if copyright permission is required, then the CC license allows that use without the need to seek permission from the copyright owner so long as the license conditions are respected." 

 

References

  1. ISED, "A Consultation on a Modern Copyright Framework for Artificial Intelligence and the Internet of Things" 2021, Online: ISED Canada https://ised-isde.canada.ca/site/strategic-policy-sector/en/marketplace-framework-policy/copyright-policy/consultation-modern-copyright-framework-artificial-intelligence-and-internet-things-0#s21  
  2. CCH Canadian Ltd. v Law Society of Upper Canada, supra note 17; Setana Sport Limited v 2049630 Ontario Inc. (Verde Minho Tapas & Lounge), 2007 FC 899, at para. 4, Online: CanLII https://www.canlii.org/en/ca/fct/doc/2007/2007fc899/2007fc899.html?autocompleteStr=Setana%20Sport%20Limited%20v%202049630%20Ontario%20Inc&autocompletePos=1.

 

Generative AI Tools and Copyright Considerations by University of Toronto used under a CC BY 4.0 license.