ChatGPT and Copyright
ChatGPT has been making big waves on social media recently. So much so that it’s pretty hard to avoid all the chatter about it online.
If you haven’t heard about it (aka you’ve been living under a rock), it’s an AI tool that produces copy for users.
As more and more entrepreneurs and business owners turn to ChatGPT to create content, questions about copyright ownership have begun to emerge. Clients have reached out to me several times lately asking, "Who owns the copyright if I'm using ChatGPT?" This is a great question, and in this blog post I will answer this in simple terms. As always, my intention is to identify any potential area where your business could be exposed to risk, and to help you make informed decisions as to whether or not to use ChatGPT – and if you do decide to use it, my advice on how to use it is below.
Firstly, let's refresh ourselves on the definition of copyright.
Copyright is the ownership that vests in original works created by an individual that is documented. In simple terms—if you create an original piece of work, such as a song, an article, website copy, or a blog, then you automatically own copyright in that piece of work. You own it. Unlike a trademark, you don't have to register your copyright to own it. If you've created it and it's an original work that's written down, you automatically have protection under the Copyright Act in Australia. This article Trademarks and Copyright: Is it really yours? on the blog is a valuable reference that explains this in more detail.
So when you are using a tool like ChatGPT to create content for your business, the question of copyright ownership arises. Do you own the copyright or does ChatGPT own the copyright? The answer is that ChatGPT is not a human, it's not an individual, and the copyright legislation is framed around original works being created by individuals. There's no scope for ChatGPT to own the copyright. However, that does not automatically mean that you own the copyright either.
As I have said above, you own copyright if you create an original piece of written work. So you have to create it to own it.
There is a more important question to be asking here, and that is, by using content produced by ChatGPT are you infringing on someone else’s copyright?
When ChatGPT produces content for you, it draws on content from an incredibly wide range of sources. You need to be sure that the content being drawn on isn’t someone else’s original work.
So if you use content produced by ChatGPT, are you at risk of infringing on someone else’s copyright? The answer is yes, possibly.
As a business owner, it's crucial to be aware of the potential risks of copyright infringement when using ChatGPT or any other AI tool to create content for your business. If you decide to use ChatGPT or any other AI tool, you need to carefully review and consider the content generated for you, and take care to ensure that it is appropriate for you to use that content. If you have any doubts, it's always best to seek legal advice to avoid any legal disputes down the line.
So what am I really saying here? Should you use ChatGPT or not? The answer is; that’s up to you—but if you do use it, you need to know that there is a risk attached to simply copying and pasting what ChatGPT produces for you, because you don't know where it came from. And you don't know if it's infringing somebody else's copyright, because it has reproduced somebody else's original work.
Remember that while ChatGPT does not own the copyright, you don't automatically own it either, because it may not be original. So if you're going to use it, make sure you've got your systems and processes developed in a way where you have checks and balances in place, to ensure that you are satisfied that what you put out into the world still constitutes your original work.
In my view, ChatGPT is a tool, and we should use this tool wisely. I don't see it as something that's going to replace your copywriter, or replace your VA or anybody else who's helping you with blogs, newsletters, website copy, social media posts. I don't see ChatGPT as a replacement. And there are so many reasons for that. I recorded an episode on the podcast with my copywriter Rachel Rennie, where we talked about ChatGPT, and what she thinks of it in terms of copywriting—and what it can do and what it can't do.
In conclusion, ChatGPT is a tool and should be used as such. It may be useful for creating content quickly and efficiently. However, it's essential to be aware of the potential risks of copyright infringement when using it, and at the end of the day, nothing beats original content in business. Remember that you, as the business owner, are responsible for ensuring that the content created by ChatGPT is original and doesn't infringe on anyone else's copyright.
If you have any questions about copyright or how it applies to your business, feel free to reach out and book in for a free chat.
Our resource Australian Law 101 - Guide For Small Business may also be helpful to you, as it provides an overview of how to stay legally compliant in your business.
