Navigating the Wild, Wild, West of GenAI and Copyright Issues

I found a recent news story interesting because I was just writing a piece on impending copyright issues related to GenAI for my “Let’s Get Strategic” column in Information Today.

The makers of Star Wars’ Rogue One: A Star Wars Story are being sued over the use of Peter Cushing’s image. The use of the image occurred back in 2016—long before generative AI, or GenAI, hit the scene—but I’m sure GenAI and its sudden popularity had something to do with the renewed interest.

Digital Replicas

In fact, one of the things I learned when researching my column is that the US Copyright Office is in the midst of an initiative to address “a wide range of issues” related to GenAI and its use. Its first Report on the legal and policy issues related to copyright, deals with the use of digital replicas—images created of individuals that are based on their likeness, but that don’t actually depict them.

Like Peter Cushing.

Emerging Potential GenAI Risks

Other issues they’re exploring are even thornier. For instance, currently, the way copyright law works, only humans can own a copyright. So who owns the content being created by GenAI tools? And who’s responsible if the content being created infringes on someone else’s work?

With so many organizations (and individuals) using GenAI tools these days, without a lot of (any!) guidance on issues related to copyright ownership and copyright infringement, it seems like risks may be high. As a former director of corporate communications, I know I’d be having a lot of conversations with my team members and the legal/risk management departments to make sure our business interests and brand were being protected.

Be Proactive in Protecting Your Interests

How are you staying up to date on these issues? What policies have you created and how are you communicating them to your employees? What steps are you taking to ensure that employees aren’t “going rogue” and using tools on their own? What steps are you taking to make sure employees aren’t inadvertently releasing proprietary information and intellectual property into cyberspace?

If your company creates content, whether or not you’ve formally incorporated GenAI into your operations, you need to be on top of these issues.

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Author: Linda Pophal

Linda Pophal, MA, SPHR, is owner/CEO of Strategic Communications, LLC, and a marketing and communication strategist with expertise in strategic planning, B2B content marketing, PR/media relations, social media and SEO. Her background as a freelance business journalist, advertising copywriter and corporate communication professional provides the foundation for understanding how to produce and use high-quality, personalized content to inform, motivate and engage audiences. This, coupled with expertise in online marketing, SEO and social media, serves as a foundation for working with clients to find the most cost effective combination of traditional and digital communication tactics to get the results they're looking for. Linda is accredited through the American Marketing Association and is a member of the Association of Health Care Executives, the Society for Human Resource Management and the Association of Health Care Journalists.

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