Legal Considerations When Using A.I. Generative Tools in your Business

Legal Considerations When Using A.I. Generative Tools in your Business

In the rapidly evolving landscape of technology, generative artificial intelligence (AI) tools, such as ChatGPT have exploded in popularity as powerful assets for businesses, revolutionising customer interactions and enhancing operational efficiency. These tools can create images, text, and code based on descriptive text prompts, giving business owners the means to create content that match their brand's identity resourcefully and affordably. However, given how new these tools are, the legal framework for using them are still being figured out.

Given how these systems learn to generate outputs, which involves scouring vast sources of information typically off the internet, they naturally lend themselves to a few dangers, such as inaccurate information and intellectual property infringement. With great power comes great responsibility, and understanding the nuances of AI implementation, ensuring your business is legally compliant is crucial.


Keep in mind these legal concerns:

1.??? Fact-check Content

One of the biggest risks that can occur from using these tools is false or inaccurate information. Avoid using generated content and a final draft, instead it should be used as a starting point for your research. Asking the program to cite sources and fact-checking the material can help ensure accuracy.

2.??? Data Privacy and Security

AI tools often handle vast amounts of data. It’s imperative to comply with local data protection laws ensuring user consent, anonymity and secure storage. Take care not to input your customers’ personal information into AI powered chatbots. Understanding where the data resides and who has access is paramount.

3.??? Intellectual Property Concerns

IP concerns when it comes to AI generated content is two-fold. Creators should be careful about how they use such tools in their creative work to avoid possible copyright issues such as infringing someone else’s work. The original sources that the AI tool has potentially drawn from can be difficult to trace, meaning they run the risk of including copyrighted works of another individual or business.

Nowadays it’s becoming increasingly difficult for consumers to distinguish a real image from one that is generated by AI. When using image generators for your business, you should avoid asking the tool to adopt an artist’s style or images of notable people and characters. Using such images could land your business in some considerable trouble.

Another issue that has arisen with the surge of these tools is the concept of legal ownership (who is the ‘author’ of generated content?) and whether the works can be protected by copyright.

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Limitations of AI When it Comes to Subject Matter Expertise

While there may be advantages to using AI generative tools, there are limitations when it comes to subject matter expertise. The quality of your content is strongly influenced by the quality of your creators and their knowledge. Using drafting contracts as an example, tools like ChatGPT’s ability to generate one that is accurate and nuanced is unlikely. Such tools require specific prompts to generate output and contractual agreements require a deep understanding of regulations, laws, and a client’s specific situation for them to be watertight. AI generative tools lack the level of understanding and knowledge a lawyer has, which can lead to inaccuracies. Drafting a contract also encompasses understanding the uniqueness of a business, the specific industry, and the circumstance in which the contract will be used. When it comes to legal agreements, there is no one size fits all approach and currently such tools do not have the capability on their own to understand these nuances. This runs the risk of generating a contract that may not be well suited to a specific context. Finally, drafting a contract involves negotiation between parties which AI tools don’t have the capability to do. This makes it difficult to produce contracts that protect everyone’s interests.


Conclusion

Embracing AI tools like ChatGPT opens the door for efficient and affordable business operations and marketing materials. However, one must bear in mind the limitations of AI in its current form, lack of expertise, and the need for human intervention or counsel on specific matters. ?


DISCLAIMER: The DLC does not specialise in AI or its legal implications. This article has been motivated by the current environment and is for information purposes only.

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Anne Nicholls

Empowering businesses to achieve meaningful Corporate Social Responsibility by supporting initiatives which foster education, gender equality and sustainability in Kenya through talks and workshops in the UK.

1 年

Wow! This could be dangerous in your business or those who could 'pretend' to be a laywer and use all the paperwork and jargon from AI !

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Venkatesh Haran

Senior Patent Counsel

1 年

The rise of AI capabilities brings immense opportunities, but also new risks to navigate. Your reminder to approach these tools thoughtfully is wise. While AI can enhance efficiency, productivity and insight, we must ensure it aligns with human ethics and values. Speed must not supersede safety. Compliance with emerging regulations will be crucial. But legal adherence alone is insufficient - we must hold ourselves to higher standards of accountability and transparency. AI must empower people, not replace them. As designers and users of these technologies, we shape their impact through our intentions and actions. This moment calls for collective vigilance, care and moral courage. With wisdom, we can create an ethical AI future that benefits all. The stakes are high, but so is the potential. Thank you for raising this important conversation. May it inspire self-reflection and conscientious progress as we integrate AI responsibly. The promise resides in our priorities - if human dignity leads, technology will follow.

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