Instead, it “ generates ” the next word, brushstroke, or line of code. Generative AI, on the other hand, doesn’t predict the correct answer. Google’s search engine uses a similar model: indexing and ranking results in order to “predict” the responses that are the best fit for the user’s query. Taking into account a user’s past behavior and the behavior of similar users, the AI models identify patterns and predict the types of content the user is likely to enjoy. Streaming services, for example, utilize predictive AI in their recommendation algorithms. Prior to the debut of generative AI, artificial intelligence was largely predictive, meaning the AI focused on making predictions and forecasts. Therefore, prior to diving into the legal landscape, it is helpful to understand how artificial learning and generative AI works, its uses, and its drawbacks. How this new “generative AI” works and the processes used to create these outputs are where the legal battle lines will be drawn and battles fought. This article focuses on the existing and evolving legal framework to protect AI-generated content and ownership of that content (“outputs”) and also addresses the need to protect the AI inputs that may include your company’s confidential information. As the proliferation and value of these outputs only increases, so will companies’ needs to protect their proprietary information that gives them a competitive advantage.
This disruption is understandable given the technology’s capabilities ChatGPT has already assisted in the development of new drugs, detected various types of cancer, and scored in the top 90 th percentile of the Uniform Bar Exam (don’t get too cocky top 10%, it’s coming for you).Įveryone agrees that AI-generated content will be valuable and even integral to companies. This new technology will quickly flow into numerous industries, with experts predicting that generative AI could disrupt $100 billion in cloud spending $500 billion in digital advertising and $5.4 trillion in e-commerce. With the breakthrough of ChatGPT into mainstream culture and the resulting arms race between tech giants, society is fast approaching the era where man-made machines will surpass their creators not only in memory and processing speed (which has already occurred), but in areas where humans previously owned a monopoly: artistic creativity, problem solving, and intellectual insight.
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