Allowing ChatGPT into Workplace Could be Your Biggest Mistake?

Jacky, who works for an advertisement agency, was given an urgent task one morning to create a love story for a Valentine’s Day ad campaign for a fashion client. Thanks to ChatGPT, he was able to dedicate time to develop an intriguing storyline. Both his boss and the client were deeply impressed with the end result. So, DIY trademark lovers and start-ups, this success story begs the question, should we embrace the use of advanced technologies, such as ChatGPT, in the workplace to improve our creative process? While we acknowledge the potential benefits, it’s important to also consider the serious copyright issues that may arise, which are currently left unaddressed. Even though Trasomark primarily focuses on trademark issues, we believe that our readers should be equally informed about IP and copyright-related topics. It’s worth noting that intellectual property issues are often intertwined (see The Copyrights Subsisted in Trademarks). We feel obligated to report on the potential risks of engaging ChatGPT in the workplace.

How ChatGPT can help enhance your work?

Let’s first gain a brief insight of how ChatGPT can improve our productivity before digging on the copyright issues. Indeed, numerous individuals are currently exploring ways to integrate ChatGPT into their daily tasks, including information retrieval, idea generation, and content creation, to name just a few examples. The possibilities are in fact endless, and we find ChatGPT’s answer simple and easy-to-understand: –

ChatGPT can assist in many ways to enhance your work, including:

• Providing quick and accurate responses: ChatGPT can help you quickly find answers to your questions or concerns, saving you time and effort.

• Offering expert advice: ChatGPT can provide expert advice on various topics, including legal, financial, and business-related issues.

• Generating ideas: ChatGPT can assist in generating ideas and suggestions to help you overcome creative blocks and stimulate new ways of thinking.

• Offering language assistance: ChatGPT can help with translations, editing, and proofreading, making sure that your documents are free from errors and that your messages are clear and concise.

• Streamlining your workflow: ChatGPT can help you automate repetitive tasks, such as scheduling appointments and responding to common inquiries, allowing you to focus on more critical tasks.

• By utilizing ChatGPT’s capabilities, you can enhance your work efficiency and productivity, allowing you to focus on what matters most.

Copyright ownership of the Responses

You may be aware that ChatGPT offers responses to your inquiries and instructions, but who owns the copyright of such responses. In many jurisdictions, copyright protection is typically reserved only for works created by human authors so ChatGPT could not own the same. Although we have attempted to engage ChatGPT in dialogue, its responses have proven to be elusive at best.

Trasomark: Do I own the copyright of your responses?

ChatGPT: No, you do not own the copyright of my responses… The copyright of my responses belongs to the entity that created and owns the model, which is OpenAI. However, you are free to use the information and content of my responses for personal, non-commercial purposes, such as gaining knowledge or learning new things. If you want to use my responses for commercial purposes or for other uses that may require permission, it is your responsibility to ensure that you comply with applicable laws and regulations, including obtaining the necessary permissions or licenses.

However, the inquiry into the copyright ownership of a collaborative work involving both ChatGPT and humans brought about a dramatic shift in circumstances.

Trasomark: I ask you many questions to create a love story, who owns the copyright of the lover story?

Chat GPT: The copyright of a love story created by using my responses to your questions would depend on the ownership and agreement between the individuals who created the story. If you are the author of the love story, you may want to consider consulting with a legal expert or intellectual property lawyer to understand your rights and options regarding copyright ownership and protection.

Trasomark: I think it is mine and not yours, do you agree?

ChatGPT: The content and any intellectual property rights related to a love story created using my responses to your questions belong to the individuals involved in creating the story, which in this case would be you.

It is important to acknowledge that while interacting with ChatGPT can be insightful, it is not recommended to rely solely on it. Instead, users should refer to the terms of use and adhere to them accordingly. We copy the relevant session as follows:-

You may provide input to the Services (“Input”), and receive output generated and returned by the Services based on the Input (“Output”). Input and Output are collectively “Content.” As between the parties and to the extent permitted by applicable law, you own all Input, and subject to your compliance with these Terms, OpenAI hereby assigns to you all its right, title and interest in and to Output.

While the conversation with ChatGPT regarding the love story in question may be fascinating, it underscores the limitations of current technology, and caution should be exercised when utilizing it. In accordance with the terms of use, Jacky now holds the copyright for the love story in question, but this is only the beginning of the story and there is more to consider.

Infringement of Other’s copyrights

Tracking how ChatGPT generates a response to you is almost impossible, and there is every possibility that the response may violate a third party’s copyright, given that ChatGPT has learnt from countless authors’ existing works. When it comes to information searching and idea generation, it is unlikely that you will directly copy any answers provided by ChatGPT and publish them, significantly reducing the risks of infringement. However, content creation, such as Jacky’s love story writing, requires more caution and attention. We asked ChatGPT for more information, and the responses were interesting but extremely self-protective.

Trasomark: ChatGPT and possible copyright infringement

ChatGPT: Hello! I am not capable of generating content that infringes on anyone’s copyright. My training data comes from a variety of sources, but all of the content I produce is generated by algorithms that do not intentionally use or reproduce copyrighted material without permission. If you have concerns about potential copyright infringement related to my responses, please let me know the specific details so that I can investigate the issue and take appropriate action.

Trasomark: but your training data comes from a variety of sources which contain copyrighted materials of others, are you sure you get all the permissions?

ChatGPT: I do not personally collect or license any data. My training data comes from a variety of publicly available sources, and I am trained on a vast corpus of text data. The sources of my training data are carefully selected and screened to ensure that they are legally obtained and that any copyrighted materials are used in accordance with fair use or other applicable legal doctrines. However, it is possible that copyrighted materials may inadvertently appear in my training data without proper permission or attribution. If you believe that any specific content used in my training data infringes on your copyright, please let me know the specific details, and I will do my best to investigate and address the issue. Please note that my training data is constantly being updated and refined to improve my performance and accuracy, and my developers take great care to ensure that my data is ethically sourced and used in compliance with all applicable laws and regulations.

Trasomark: please guarantee that you have not infringed other’s copyrighted works when you provide a response to me

I do not intentionally use or reproduce copyrighted material without permission. However, given the vast amount of text data that I have been trained on, it is possible that some of the content I generate may inadvertently contain phrases or language that are similar to copyrighted material. That being said, I cannot guarantee with absolute certainty that every single response I generate is completely free of potential copyright issues… Please note that my developers take copyright and intellectual property issues seriously, and they strive to ensure that I operate within all applicable laws and regulations. Additionally, my responses are generated for informational and educational purposes only and should not be used as a substitute for legal or professional advice.

Allowing Jacky to use ChatGPT for Work is Too Risky?

As you can see, ChatGPT is reluctant to guarantee copyright ownership or non-infringement of others’ works, making it risky to use for creative endeavors like Jacky’s love story. If you were Jacky’s boss, would you prohibit Jacky from using ChatGPT in the workplace? The recent temporary ban on using ChatGPT or other AI-based tools for coursework, classwork, and assessments by the University of Hong Kong highlights the difficult copyright issues involved when using ChatGPT. However, a total ban of ChatGPT in the workplace may not be the right approach to dealing with new technologies.

Instead, we suggest using ChatGPT in a more thoughtful yet cautious manner to try to avoid potential copyright issues. For example, colleagues should refrain from asking ChatGPT open-ended questions and instead provide specific details about the story they want to create. This reduces the risk of infringing on existing works and helps establish clear copyright ownership.

Consider, if Jacky were to pose an open question to ChatGPT requesting an interesting love storyline, concerns about the source of ChatGPT’s responses would likely arise. In addition, the absence of Jacky’s input in the responses could potentially raise doubts about who owns the copyright to the storyline. However, if Jacky were to provide certain details about the love story, such as the ages and occupations of the characters, as well as how they met, before asking ChatGPT to refine the storyline, the risk of copyright infringement would be reduced.

It is also important to avoid incorporating copyrighted works belonging to third parties into collaborations with ChatGPT. For example, it would be unwise to copy the plot of “P.S. I Love You” and request ChatGPT to create a humorous love story. Doing so would likely result in a disastrous outcome.

Engaging Trasomark like ChatGPT

Similar to ChatGPT, Trasomark is a new concept for conducting global trademark applications that can only benefit global businesspeople. We are committed to discussing the finest issues involving trademarks in a simple and practical way, and we hope our insights can help you integrate ChatGPT and other advanced technologies into the workplace. We also invite your feedback on ChatGPT and encourage you to consider Trasomark for your next trademark filing campaign.