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Intellectual Property,
Technology

Aug. 17, 2023

Do I infringe copyrights by using AI?

How did ChatGPT know that writing this article is not generally considered copyright infringement, and why did it get it wrong (in part) about the likely reason? Because it trained on information about copyright law and appears to have been incorrectly trained about free speech law.

Jeremy T. Elman

Partner
Duane Morris LLP

Phone: (650) 847-4162

Email: jelman@duanemorris.com

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Lauren Silva

Legal Extern
Duane Morris LLP

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We asked ChatGPT the question posed in this headline. It created a memo with a bunch of issues to consider. Does this article then infringe ChatGPT’s copyrighted work? ChatGPT said: “Writing an article about whether you might infringe ChatGPT’s copyright is generally not considered copyright infringement itself. You’re engaging in commentary, analysis, or discussion about a topic, which is typically protected as free speech under copyright law.”

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