Best-selling author, speaker #ChampagneMoment www.ExactlyWhereYouWanttoBe.com.
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In the past year, ChatGPT, created by OpenAI, set the record for the fastest app to reach 100 million users. Among those are thousands of businesses looking to jump on the AI bandwagon in order to streamline their work processes, increase productivity and create new and exciting ideas. While there is a lot of power and benefit that can come from using ChatGPT or other AI-powered programs (as I wrote about recently), there are legal ramifications users may face if they aren’t careful.
Before we dive into the potential areas of risk, it’s important to note that I’m not a lawyer. While I’ve done my research, this article is not a substitute for legal advice—so don’t blame me if you end up in legal trouble (No, “Nick said” probably won’t hold up in court). Now, let’s look at six ways ChatGPT can land you in a sticky legal situation.
1. Copyright Infringement
The artificial intelligence that powers platforms like ChatGPT is designed to leverage existing knowledge and information on the internet to produce new and unique content. Since it uses existing information to create its responses, the AI could inadvertently violate another author’s copyright-protected content.
While the phrasing of the AI’s response may be unique, it may build off an idea or concept that you don't have the right to use. This is especially true if you specifically prompt the AI to create something using another source as an example. For example, you could ask ChatGPT to write a poem “in the style of” Dr. Seuss. Since Dr. Seuss's books are not in the public domain, you could be infringing on copyrighted property.
Another thing to consider is that content generated by ChatGPT may not be protected under copyright laws. Currently, the United States has no clear legal framework to protect information, text or graphics that are produced entirely by an AI platform. To avoid this, you should always use ChatGPT’s response as a starting point, then make it uniquely yours.
2. Trademark Violations
AI can be a powerful tool to help you generate logos, company slogans or other trademarks for your products and brand. However, it’s important to ensure that the content created by ChatGPT isn’t too similar to other elements that have existing trademark protection. It’s always important to engage a trademark attorney to go through the appropriate trademark clearance process. This can help you avoid costly rebranding in the event that you inadvertently use another company’s trademarked elements. Of course, if you want to use something that is already trademarked, you’ll need to get permission from the trademark owner first.
3. Giving Bad Advice
ChatGPT can create detailed and well-crafted articles to engage with your customers or readers. The most impactful pieces of content are ones that provide advice or how-to information. This can get a little tricky when using an AI platform.
Because the internet is an open forum, it's full of misleading or flat-out wrong data. ChatGPT is designed to avoid inaccurate information, fringe ideas or conspiracy theories, but it can make mistakes. For example, I asked ChatGPT to prove to me that Sasquatch exists. It responded that its model is designed to avoid knowingly misleading users on topics that are not scientifically sound. Fair enough.
If you are using ChatGPT to help create content that provides your readers with advice or instructions, you need to make sure the recommendations are safe and accurate. Bad advice that results in mental, physical, property or emotional damage could lead to legal action against you.
4. Legal Documents And Notifications
Creating legal documents and other notifications can be challenging (and costly if you involve an attorney), so you may be tempted to turn to ChatGPT. While the program can craft important legal documents such as public notices, contracts, disclaimers and warning messages, you should always get feedback from a human attorney before publishing or using these. The attorney may find that the AI misinterpreted certain legal concepts, used words that weaken the legality of the text or applied laws that are not specific to your state or city.
5. Broken Business Deals
ChatGPT can provide support to sales and marketing teams by crafting case studies, white papers and client presentations. While these can be powerful tools, you should always take extra care when using the information to quote pricing or lead times. Inaccurate information presented by the AI could contain errors or biases that turn your great business deal into a contract or legal nightmare.
6. Breach Of Confidentiality
By nature, AI tends to learn over time from user inputs. Once a user inserts data, the AI stores that information to leverage later. Entering confidential information (such as people’s names, addresses or other personal information) could result in the AI regurgitating it into another person’s response. You could be on the hook for that release of confidential information, even if you did so inadvertently.
Protect Yourself From Legal Issues When Using AI
Fortunately, there are ways you can safeguard yourself and stay out of legal trouble when using ChatGPT or any other AI platform. First, you should carefully review the terms and conditions published by OpenAI. This will give you general guidelines for how you can and can’t use the program. Also, avoid using protected names, trademarks or copyrighted material as a part of the prompt. This could lead the AI down the wrong path of crafting a response that is too similar to the protected information.
Next, take a careful look at articles discussing which AI policies to consider at your business (including one I wrote). Last, but not least, always consult with legal counsel before using any information created by ChatGPT that could potentially be incorrect or protected.
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