Scottsdale law firm launches AI division, offers advice on avoiding litigation using ChatGPT

ChatGPT has blazed onto the scene, and content creators haven’t wasted time utilizing artificial intelligence’s latest wonder—typing (and voicing) commands and getting the conversational chatbox to spit out content in the form of books, articles, essays and even music lyrics.

According to a February 2023 survey of 1,000 U.S. business leaders that was conducted by Resumebuilder.com, it was found that 49% of the companies currently use ChatGPT and 30% plan to. Of companies that currently use it, 58% use it for copywriting and content creation.

But as the idea of having AI-generated content at our fingertips gains more traction, incidents of legal actions are arising, too. With a tool that aggregates content from public information readily available on the internet, making it easy for its material to be created with a simple prompt, it was inevitable that content ownership would come into question.

The most recent case occurred in April 2023 over a YouTube video that featured a voice sounding similar to that of music artist Eminem rapping about cats. The lyrics were created using ChatGPT. YouTube removed the video from the content creator's channel citing a copyright strike filed by Universal Music Publishing Group, which has had an exclusive, worldwide administration agreement with the rapper since 2007.

But this type of challenge isn't just a concern for large international conglomerates. Small local businesses and individuals have cause for pause as well. 

“AI really enables those who want to appropriate others' work for their own benefit, to be even more reckless in their theft,” said attorney Jordan Rose, president and founder of Rose Law Group. “The courts will be left to make decisions about what is reality, and what has been altered to the point that it is no longer a legally protected representation of someone.”

The intersection of AI and intellectual property

The Scottsdale-based law firm has expanded to include an AI division to help clients protect their intellectual property to avoid litigious situations, as well as defend those accused of copyright infringement and issues surrounding AI intellectual property ownership. The law firm has also entered the metaverse.

Rose foresees the intersection of AI and intellectual property rights being “one of the busiest fields of legal practice over the next decade.”

The main query her firm gets from clients is how can they put in place liability and privacy protections for their property. Rose warns content creators to be aware of all that is entailed in using a software like ChatGPT such as remembering that any question you pose on an open AI source becomes public information. 

“If you plan to use ChatGPT or an AI source for help in creating anything relating to your business, you need to make sure that the appropriate used terms are in place so that you will not end up in litigation over who owns what,” Rose said. 

One of the most important aspects of using AI-supported, content-generating tools is the understanding of the terms of use for the technology before utilizing it. Additionally, clear policies and procedures are necessary to clarify what employees are allowed to put into the software application.

“The bottom line is, if you plan to use ChatGPT to create something or help further your business, you better understand what you’re agreeing to before you start,” Rose said. “The time to figure out the issues surrounding whatever AI you decide to use is before you ask the AI the question, not afterwards. Afterwards is too late.”

Here's another take on the legal issues surrounding ChatGPT from sister publication Milwaukee Inno: Can your business own material generated by ChatGPT?

The Business Journal asked ChatGPT itself how best to use the software and who has ownership of the content created. Here is its responses.

Who owns the content created using ChatGPT? The content created using ChatGPT belongs to the person who generates it. As an AI language model, ChatGPT is a tool that assists in creating content, but it does not claim any ownership over the output produced by the user. It is up to the user to decide how they want to use the content generated by ChatGPT and whether they want to share it or keep it private. However, it is important to note that certain terms and conditions may apply to the use of ChatGPT, depending on the platform or application being used to access it. Users should review the terms of service and privacy policies of any platform or application they use in conjunction with ChatGPT to ensure they are in compliance with all applicable regulations and policies.

What content can be generated using ChatGPT? ChatGPT is a powerful AI language model that can generate a wide variety of content in natural language, including:

These are just a few examples of the types of content that ChatGPT can generate. With its advanced natural language processing capabilities and vast database of knowledge, ChatGPT can help users generate high-quality content in a wide range of domains.

What should users know before using ChatGPT? Before using ChatGPT, there are several things that users should be aware of:

By keeping these considerations in mind, users can make the most of ChatGPT's capabilities while ensuring that they use it in a responsible and ethical way.