Copyright Guide

Generative Artificial Intelligence (GAI) at Saint Mary's University

Saint Mary's University Senate has passed the SMU Faculty Guidelines on the Use of Generative AI in Courses. These guidelines are meant to help faculty make an informed decision about the allowed use of Generative Artificial Intelligence in their courses and communicate their policy to their students.

The Patrick Power Library also offers a guide for students to learn how to responsibly use artificial intelligence (AI) tools in their coursework.

Finally, the Studio for Teaching and Learning encourages faculty, students, and staff to engage with generative AI tools responsibly and productively in teaching, learning, and research.

Copyright & Generative AI

Are there copyright considerations I need to think about when using Generative AI tools?

Yes. There is significant legal uncertainty with the use of Generative AI tools and copyright. This is an evolving area, and our understanding will develop as new policies, regulations, and case law become settled.

Some of the concerns surrounding Generative AI and copyright include:

Input: The legality of the content used to train AI models is unknown in some cases. There are a number of lawsuits originating from the US that allege Generative AI tools infringe copyright and it remains unclear if and how the fair use doctrine can be applied. In Canada, there also remains uncertainty regarding the extent to which existing exceptions in the copyright framework, such as fair dealing, apply to this activity.¹

Output: Authorship and ownership of works created by AI is unclear. Traditionally, Canadian law has indicated that an author must be a natural person (human) who exercises skill and judgement in the creation of a work.² As there are likely to be varying degrees of human input in content generated, it is unclear in Canada how it will be determined who the appropriate author and owner of works are. More recently, the US Copyright Office has published the following guide addressing these issues: Copyright Registration Guidance for Works Containing AI-Generated Materials.

Consider the following before using Generative AI tools for content generation:

• While you can use these tools to create content, you may not own or hold copyright in the works generated.
• Be mindful of what you input into tools: never input confidential information or significant portions of intellectual property you do not have the rights or permissions to. All content entered may become part of the tool’s dataset and may inadvertently resurface in response to other prompts.
• Review the terms of service of each tool: These terms will dictate use and ownership of input/output and they are subject to change without notice.
• Be explicit in how you have used these tools in the creation of your work: Keep a record of prompts and any IP you have used in the creation of output. Review attribution guidelines according to the style guide you are using. If you are publishing your work, review any requirements or policies that address the use of generative AI tools in your research. These policies will indicate whether AI can be used and how the use of these tools should be disclosed.

Can I use full-text library licensed e-resources (such as journal articles or eBooks) in Generative AI tools like Chat GPT?
No. The library signs contracts with different vendors and publishers, which set out specific terms and conditions that users are responsible for complying with when accessing content. These agreements do not allow for the uploading of copyright protected works to third-party platforms, including generative AI tools.

Can I use the full text of openly licensed material (such as Creative Commons content) in Artificial Intelligence systems?
Yes. The Creative Commons' FAQs on AI and CC Licenses indicates that "if someone uses a CC-licensed work with any new or developing technology, and if copyright permission is required, then the CC license allows that use without the need to seek permission from the copyright owner so long as the license conditions are respected."

References
1 ISED, "A Consultation on a Modern Copyright Framework for Artificial Intelligence and the Internet of Things" 2021, Online: ISED Canada https://ised-isde.canada.ca/site/strategic-policy-sector/en/marketplace-framework-policy/copyright-policy/consultation-modern-copyright-framework-artificial-intelligence-and-internet-things-0#s21 

2 CCH Canadian Ltd. v Law Society of Upper Canada, supra note 17; Setana Sport Limited v 2049630 Ontario Inc. (Verde Minho Tapas & Lounge), 2007 FC 899, at para. 4, Online: CanLII https://www.canlii.org/en/ca/fct/doc/2007/2007fc899/2007fc899.html?autocompleteStr=Setana%20Sport%20Limited%20v%202049630%20Ontario%20Inc&autocompletePos=1 .