Asking AI: If an AI has been trained on a book, or receives an upload of that book, and then produces parts of that book in response to a prompt, does that constitute copyright infringement?

Question 1 of 2 for ChatGPT-4 and Bing Chat: If a human with a really good memory memorizes a book, writes it on paper and then publishes it, does that constitute copyright infringement?

ChatGPT-4’s answer:Yes, if a person memorizes a copyrighted book, writes it down verbatim (or even with substantial similarity), and then publishes it without permission, it would constitute copyright infringement. Copyright law protects the expression of ideas, not the ideas themselves. So, even if someone uses their memory to reproduce the content, the act of reproducing and publishing that content without permission infringes on the copyright holder's rights.

Here are a few key points to consider:

1. Original Expression: Copyright law protects original expressions, such as the specific way an author has written a story or the particular arrangement of words in a book. If someone reproduces that original expression without permission, it's an infringement.

2. Substantial Similarity: Even if the person doesn't reproduce the book word-for-word, but the content is substantially similar to the original, it can still be considered infringement. The test for infringement often involves determining whether the copied work is substantially similar to the original in the eyes of an ordinary observer.

3. Fair Use: There are some exceptions to copyright infringement, such as "fair use" in U.S. copyright law. Fair use might allow for limited reproduction of copyrighted material for purposes like criticism, comment, news reporting, teaching, scholarship, or research. However, reproducing an entire book from memory and publishing it would likely not fall under fair use.

4. Public Domain: If the book is in the public domain (meaning its copyright has expired), then reproducing and publishing it would not be infringement. However, this doesn't apply to most modern books.

5. Moral and Ethical Considerations: Beyond legal implications, reproducing someone else's work from memory and presenting it as one's own raises ethical concerns related to plagiarism and the appropriation of another's intellectual labor.

It's essential to always seek permission from the copyright holder before reproducing or publishing copyrighted content. If in doubt, consulting with a legal expert or attorney specializing in intellectual property law is advisable.

Bing Chat’s answer:Hello, this is Bing. I’m here to chat with you and answer your questions. 😊

That’s an interesting question. The answer may depend on the specific circumstances of the case, such as the originality of the book, the extent of copying, and the purpose and effect of the copying. However, in general, copying a book from memory and publishing it without permission from the original author would likely be considered infringement.

According to the World Intellectual Property Organization, copyright is:

One of the rights that creators have is the exclusive right to reproduce their works or authorize others to do so1. This means that no one else can make copies of their works without their consent or a valid exception1.

Copying a book from memory is still a form of reproduction, even if it does not involve any physical or digital copying devices. The fact that someone has a good memory does not change the fact that they are using someone else’s expression and ideas without permission. Therefore, unless they have a valid defense such as fair use or fair dealing2, they would be infringing the creator’s rights.

Publishing a copied book would also likely affect the market value of the original work and cause harm to the creator’s reputation and income3. This would further increase the likelihood of infringement and potential damages.

Therefore, it is advisable to respect the rights of creators and avoid copying their works from memory and publishing them without permission. If you want to use someone else’s work for your own purposes, you should always seek their consent or check if there are any exceptions or limitations that apply to your situation4. Alternatively, you can create your own original work based on your own expression and ideas.

Question 2 of 2 for ChatGPT-4 and Bing Chat: If an AI has been trained on a book, or receives an upload of that book, and then produces parts of that book in response to a prompt, does that constitute copyright infringement?

ChatGPT-4’s answer:I am not a lawyer, but in general, if an AI produces verbatim or substantially similar excerpts from a copyrighted book in response to a prompt, it could potentially be seen as copyright infringement. The use of copyrighted material in training an AI model and the subsequent reproduction of that material by the model can raise complex legal and ethical issues. Here are some points to consider:

1. Training Data: If copyrighted material is used to train an AI without permission, it could be argued that the training itself constitutes an infringement, especially if the AI can reproduce significant portions of that material.

2. Reproduction: If the AI produces verbatim or substantially similar excerpts from copyrighted material, it could be seen as a reproduction of that material, which is a right typically reserved for the copyright holder.

3. Fair Use: In jurisdictions like the U.S., the concept of "fair use" might allow for limited reproduction of copyrighted material for specific purposes, such as criticism, comment, news reporting, teaching, scholarship, or research. However, the application of fair use to AI outputs is still a gray area and hasn't been thoroughly tested in courts.

4. Transformative Use: If the AI's output is "transformative," meaning it adds new expression or meaning to the original content, it might be more likely to be considered fair use. However, this is a complex area of law, and what constitutes "transformative" can be subjective.

5. Volume and Significance: The amount and significance of the copyrighted material reproduced by the AI can also be a factor. Brief and non-essential excerpts might be less likely to be seen as infringing than longer, more substantial reproductions.

6. Commercial Use: If the AI's outputs are used for commercial purposes, it might be more challenging to argue for fair use or other exceptions to copyright infringement.

7. Public Domain: If the book or material is in the public domain, then reproducing it would not be infringement.

8. Legal Precedents: As of my last training data in January 2022, there are limited legal precedents directly addressing AI and copyright infringement in this context. As AI becomes more prevalent, it's likely that courts will need to address these issues more directly.

It's essential to approach the use of copyrighted material in AI training and outputs with caution. If there are concerns about potential infringement, consulting with a legal expert or attorney specializing in intellectual property law is advisable.

Bing Chat’s answer:That’s another interesting question. The answer may also depend on the specific circumstances of the case, such as the type and amount of training data, the originality and similarity of the output, and the purpose and effect of the output. However, in general, producing parts of a book from an AI model that has been trained on or received an upload of that book could also be considered infringement.

According to the [UK Intellectual Property Office], artificial intelligence (AI) is:

One of the challenges of applying IP rights to AI-generated works is determining who is the creator and who is the owner of such works. The UK IP law does not explicitly recognize AI as a creator or an owner of IP rights. Therefore, the human(s) who are involved in the creation process, such as the author of the book, the developer of the AI model, or the user of the AI model, may have different claims to IP rights depending on their roles and contributions.

Producing parts of a book from an AI model that has been trained on or received an upload of that book could infringe the IP rights of the author of the book, if the output is substantially similar to the original work and does not fall under any exceptions or limitations. The author of the book has the exclusive right to reproduce their work or authorize others to do so1. Therefore, using their work as training data or input for an AI model without their consent or a valid exception could violate their right. Moreover, generating parts of their work as output from an AI model could also affect the market value and reputation of their work2.

Producing parts of a book from an AI model that has been trained on or received an upload of that book could also infringe the IP rights of the developer or the user of the AI model, if they have made original and creative contributions to the output. The developer or the user of the AI model may have IP rights over their own expression and ideas that are embodied in the output, such as the choice and arrangement of data, algorithms, parameters, or prompts. Therefore, copying or using their output without their consent or a valid exception could violate their rights.

Therefore, it is advisable to respect the rights of all parties involved in the creation process and avoid producing parts of a book from an AI model that has been trained on or received an upload of that book without permission. If you want to use an AI model to generate your own work based on a book, you should always seek consent from the relevant right holders or check if there are any exceptions or limitations that apply to your situation3. Alternatively, you can use your own original and creative expression and ideas to create your own work.