How does copyright affect my use of generative AI tools?

All content created by humans is automatically copyrighted. UK copyright law includes a text and data mining exception for non-commercial purposes. This exception can be used for automated analytical techniques to analyse text and data for patterns, trends and other useful information. Text and data mining usually requires copying of the work to be analysed.

This exception does not cover alteration / manipulation of the original content which happens as a result of the use of generative AI. There are some models which are ethical and have got permission or paid licence fees to the copyright owner for the copyright for inclusion in their LLM.

Some LLM will absorb uploaded content to the LLM as part of the training data, which is potentially another breach. Some procured models will analyse the content but not absorb it into the LLM e.g. NHS Copilot licence.

How does copyright affect my own AI generated output?

Check the licensing for the tool to see whether copyright remains with the creator or the tool developer. If you are joint working check any service level agreement for a statement about copyright and ownership. Check whether the generated content is the same or very similar to original content. If it is the same or substantially similar, it may infringe copyright.

Can I upload an article/document to a genAI tool for it to summarise it for me?

No, unless you have obtained permission from the content owner. Some Creative Common content may be permissible to use depending on the licence used.

Some developers may only use licensed content licensed for training its large language model. Please check the terms and conditions of use. If you are using a generative AI tool on your organisational data, you are likely to be able to upload and summarise an internal document, but IT may restrict access to sensitive data.

Can I upload bibliographic data (article titles, journal titles, publication dates, keywords/MeSH) for tools to analyse for me?

No, unless you have obtained permission from the content owner.

Can I upload an document I have written myself to a genAI tool?

Yes, you own the copyright. You should note that your content may be used for future training unless you are using a tool that expressly does not do so.

Can I upload a Trust document I have written myself to a genAI tool?

Yes, but ask Information Governance first. You should note that your content may be used for future training unless you are using a tool that expressly does not do so.

Text and data mining for non-commercial research. GOV.UK. Exceptions to copyright. 2024.

AI tools licensing review guidance. University of Birmingham

AI tools licensing review guidance, University of Birmingham

Responsible AI tool selection for researchers, University of Birmingham