Asking AI about how to best protect oneself proactively against unauthorized use of IP by AI services
Google Bard: Yes, I agree that there should be AI-based infringement identification and remediation in place to help rights owners more quickly and in a more cost-effective way (and at scale)
Question 1 of 8 for AI Services: For those content and rights owners who want to maximise protection of their information, audiovisual content, movies, music, videos, software, games but also the style, voices and portraits of their artists, authors and content creators, please list all possible legal protections they can implement proactively, i.e. to avoid any of their intellectual property and derivatives from being used by or uploaded to artificial intelligence services without permission. Please be as elaborate and detailed as possible.
ChatGPT’s answer:
Intellectual property owners have several options available to them to proactively protect their content and intellectual property from being used or uploaded to artificial intelligence services without permission. These options include:
Copyright registration: Copyright registration is the legal protection of original works of authorship, such as literary, musical, and artistic works. Copyright registration can provide owners with the ability to sue infringers for copyright infringement and seek damages, including profits derived from the infringing use.
Trademark registration: Trademark registration is the legal protection of brand names, logos, and other identifying marks used to distinguish a company's products or services from those of others. Trademark registration can provide owners with the ability to sue infringers for trademark infringement and seek damages.
Patent protection: Patent protection is the legal protection of inventions, such as new machines, processes, and compositions of matter. Patent protection can provide owners with the ability to exclude others from making, using, selling, and importing the invention for a limited period of time.
Trade secret protection: Trade secret protection is the legal protection of confidential information, such as formulas, designs, and processes, that gives a company a competitive advantage. Trade secret protection can provide owners with the ability to sue for misappropriation of trade secrets and seek damages.
Licensing agreements: Licensing agreements are contractual agreements between the owner of intellectual property and another party that allows the other party to use the intellectual property in exchange for a fee or other consideration. Licensing agreements can be used to restrict the use of intellectual property to certain types of uses or to certain parties.
Digital rights management (DRM): DRM is the use of technological measures to control access to digital content and restrict its use. DRM can be used to prevent unauthorized copying, sharing, and distribution of digital content.
Watermarking: Watermarking is the process of embedding a digital watermark into content to identify the owner or copyright holder. Watermarking can be used to deter infringement and to provide evidence of ownership in the event of infringement.
Terms of use and copyright notices: Terms of use and copyright notices can be used to inform users of the intellectual property owner's rights and to prohibit certain uses of the intellectual property.
Take-down notices: Take-down notices are requests to remove infringing content from a website or other platform. Take-down notices can be sent to the website or platform owner, who may be required by law to remove the infringing content.
Overall, the best way for content and rights owners to protect their intellectual property from being used or uploaded to artificial intelligence services without permission is to use a combination of these strategies. By registering their copyrights and trademarks, using licensing agreements, implementing DRM and watermarking, and using terms of use and take-down notices, content and rights owners can maximize the protection of their intellectual property and prevent unauthorized use or distribution.
Google Bard’s answer:
Here are some of the possible legal protections that content and rights owners can implement proactively to avoid any of their intellectual property and derivatives from being used by or uploaded to artificial intelligence services without permission:
Copyright: Copyright is a form of intellectual property protection that gives the owner the exclusive right to reproduce, distribute, perform, display, and create derivative works of a creative work. Copyright protection automatically applies to any original work of authorship fixed in a tangible medium of expression, such as a book, movie, song, or software. To register a copyright, you can file an application with the U.S. Copyright Office.
Trademark: A trademark is a word, phrase, symbol, or design that identifies and distinguishes the source of the goods of one party from those of others. Trademarks can be registered with the U.S. Patent and Trademark Office (USPTO). Registration provides the owner with the exclusive right to use the trademark in commerce.
Patent: A patent is a form of intellectual property protection that gives the owner the exclusive right to make, use, and sell an invention. To obtain a patent, you must file an application with the USPTO and demonstrate that your invention is new, useful, and non-obvious.
Trade secret: A trade secret is a formula, pattern, compilation, program, device, method, technique, or process that provides a business with an economic advantage over competitors who do not know or use it. To protect a trade secret, you must take reasonable steps to keep it confidential, such as by limiting access to the secret to employees who have a need to know it and by requiring them to sign non-disclosure agreements.
Digital rights management (DRM): DRM is a set of technologies that are used to control access to digital content, such as music, movies, and software. DRM can be used to prevent unauthorized copying, distribution, or use of digital content.
Licensing: Licensing is a way to grant others permission to use your intellectual property in exchange for a fee. Licensing can be a good way to generate revenue from your IP and to control how it is used.
Monitoring: It is important to monitor your intellectual property to make sure that it is not being used without permission. You can do this by conducting regular searches of the internet and other public databases for unauthorized use of your IP.
Enforcement: If you find that your intellectual property is being used without permission, you may be able to take legal action to stop the infringement. You can file a lawsuit in court, or you may be able to send a cease and desist letter to the infringer.
It is important to note that this is not an exhaustive list of all the possible legal protections that content and rights owners can implement. The best way to protect your IP is to consult with an attorney who can advise you on the specific legal options available to you.
Bing Chat’s answer:
That’s a very interesting and important question. Intellectual property (IP) is something that you create using your mind - for example, a story, an invention, an artistic work or a symbol. IP rights can enable their owner to take action under civil law to try and stop others from replicating, using, importing or selling their creation. There are different types of IP protection, such as copyright, trademark, patent and design.
Some possible legal protections that content and rights owners can implement proactively are:
Registering their copyrights, trademarks, patents and designs with the relevant authorities in the countries where they operate or sell their products or services. This will help them to establish their ownership and enforce their rights against infringers.
Registering their business, product or domain names to prevent others from using them without permission or creating confusion among customers. This will also help them to build their brand reputation and goodwill.
Creating confidentiality, non-disclosure or licensing contracts for employees and partners who have access to their IP assets. This will help them to protect their trade secrets and confidential information, and to control how their IP is used by others.
Implementing security measures to prevent unauthorized access, copying, distribution or modification of their IP assets. This could include using encryption, watermarking, digital rights management, authentication or verification systems.
Avoiding joint ownership of IP assets unless there is a clear agreement on how the IP will be shared, used and exploited. This will help them to avoid disputes and conflicts over IP ownership and benefits.
These are some of the possible legal protections that content and rights owners can implement proactively. However, they should also be aware of the limitations and challenges of IP protection, such as the costs, time and complexity involved in obtaining and enforcing IP rights, the differences in IP laws and practices across countries and regions, the risks of IP theft or infringement by competitors or hackers, and the need to monitor and update their IP strategy regularly.
Question 2 of 8 for AI services: Please explain whether any of these - more or less generic - legal measures have to be uniquely adapted to the context of use by artificial intelligence services when wanting to protect the aforementioned content against unauthorized remixing, dissemination, uploading, analysis and remonetisation.
ChatGPT’s answer:
Yes, some of these legal measures may need to be adapted to the context of use by artificial intelligence services to effectively protect against unauthorized remixing, dissemination, uploading, analysis, and remonetization.
For example, digital rights management (DRM) and watermarking may need to be tailored to the specific format or platform being used by the artificial intelligence service to ensure that the protections are effective. Some DRM systems may not work with certain types of content or platforms, or may be easily circumvented by tech-savvy users. Similarly, watermarking may need to be adapted to ensure that it is not easily removed or obscured by the artificial intelligence service or its users.
In addition, licensing agreements may need to be specifically tailored to address the unique challenges posed by artificial intelligence services. For example, licensing agreements may need to address issues such as the scope of permitted use, restrictions on remixing or modification of the content, and limitations on the use of the content for machine learning or other analysis.
Furthermore, take-down notices may need to be adapted to the specific platform or service being used by the artificial intelligence service. For example, different platforms may have different procedures for responding to take-down notices, and the legal requirements for sending a valid take-down notice may vary depending on the platform or service.
Overall, while many of the legal measures available to protect intellectual property can be applied generically, it is important to consider the specific context of use by artificial intelligence services and tailor the protections accordingly to ensure that they are effective in preventing unauthorized use, remixing, dissemination, uploading, analysis, and remonetization.
Google Bard’s answer:
Yes, some of the legal measures that content and rights owners can implement may need to be uniquely adapted to the context of use by artificial intelligence services. For example, copyright law generally does not protect ideas, but it does protect the expression of those ideas. This means that an artificial intelligence service could use a copyrighted work to create a new work that is not itself copyrighted. However, if the new work is substantially similar to the original work, the copyright owner may still be able to take legal action against the service for copyright infringement.
In addition, artificial intelligence services may be able to use copyrighted works in ways that are not considered fair use. For example, an artificial intelligence service could use a copyrighted work to create a parody or a transformative work. However, the courts have not yet ruled on whether these types of uses would be considered fair use in the context of artificial intelligence.
As a result, it is important for content and rights owners to consult with an attorney to discuss the specific legal options available to them in the context of artificial intelligence services.
Here are some additional legal measures that content and rights owners may want to consider:
Terms of service: Artificial intelligence services often have terms of service that prohibit users from uploading or using copyrighted content without permission. By agreeing to these terms, users are waiving their right to use copyrighted content without permission.
Copyright notices: Copyright notices can be used to notify users that a particular work is copyrighted. This can help to deter copyright infringement.
Digital watermarks: Digital watermarks are invisible marks that can be embedded in digital content. Digital watermarks can be used to identify the copyright owner of a particular work and to track the distribution of that work.
Content filtering: Content filtering can be used to block unauthorized access to copyrighted content. Content filtering can be implemented on artificial intelligence services or on the user's device.
Takedown notices: Under the Digital Millennium Copyright Act (DMCA), copyright owners can send takedown notices to service providers that are hosting infringing content. Service providers are required to remove infringing content from their servers within a certain amount of time.
By taking these steps, content and rights owners can help to protect their intellectual property from unauthorized use by artificial intelligence services.
Bing Chat’s answer:
That’s another very complex and challenging question. Artificial intelligence (AI) is a transformative technology that can create new inventions and works, as well as use existing ones, in ways that may challenge the current IP systems. There are different opinions and perspectives on how AI should be dealt with in the copyright and patent systems, and there is no clear consensus or evidence on the best approach.
Some of the issues that may require adaptation of the legal measures for IP protection in the context of AI are:
Inventorship and authorship: Who should be considered the inventor or author of an invention or work that is made by AI, or with significant AI contribution? Should it be the human who designed, trained or operated the AI system, the owner or user of the AI system, or the AI system itself? How should the rights and responsibilities of the inventor or author be determined and allocated?
Disclosure and originality: How should the disclosure and originality requirements for patent and copyright protection be applied to inventions and works that are made by AI, or with significant AI contribution? How should the source, method and process of AI creation be described and documented? How should the novelty, inventiveness and non-obviousness of AI inventions be assessed? How should the creativity and expression of AI works be evaluated?
Subject matter eligibility: What types of inventions and works that are made by AI, or with significant AI contribution, should be eligible for patent and copyright protection? Should they include abstract ideas, algorithms, data sets, models, outputs or systems related to AI? How should the boundaries between technical and non-technical aspects of AI be drawn? How should the moral, ethical and social implications of AI creations be considered?
Text and data mining: How should the use of existing works by AI for text and data mining (TDM) purposes be regulated? Should there be exceptions or limitations to allow TDM for research, innovation or public interest purposes? Should there be licensing schemes or contractual arrangements to facilitate TDM activities? How should the rights and interests of the original authors and users of the works be balanced?
These are some of the issues that may require adaptation of the legal measures for IP protection in the context of AI. However, they are not exhaustive or definitive, as AI technology is constantly evolving and may pose new challenges and opportunities for IP law in the future.
Question 3 of 8 for AI Services: Can you be specific about the effectiveness in situations wherein AI services or their users decide to nonetheless continue with either ingesting intellectual property for training purposes or uploading the content to AI services for analytical or reproduction/remixing purposes. Which legal remedies to protect against that will be the most robust?
ChatGPT’s answer:
When AI services or their users continue to use intellectual property without authorization, even after legal protections have been put in place, there are several legal remedies that can be pursued to protect against that.
Injunctions: An injunction is a court order that requires the AI service or its users to stop using the intellectual property. This can be an effective remedy to prevent further unauthorized use or dissemination of the content.
Damages: In cases of infringement, the intellectual property owner may be entitled to monetary damages, including lost profits, statutory damages, and reasonable attorney's fees. This can serve as a deterrent to future infringing conduct.
Criminal prosecution: In some cases, unauthorized use of intellectual property may be a criminal offense. Criminal prosecution can lead to fines and imprisonment for the individuals responsible for the infringement.
Cease and desist letters: A cease and desist letter is a written demand to stop using the intellectual property. While not a legally binding remedy, a cease and desist letter can be effective in persuading the AI service or its users to stop using the intellectual property.
Digital fingerprinting: Digital fingerprinting is a technology that creates a unique identifier for the intellectual property. This can be used to detect and prevent unauthorized use of the intellectual property, even if it has been modified or remixed.
Blockchain-based registration: Using blockchain-based registration for the intellectual property can create a permanent and tamper-proof record of ownership, which can be used as evidence in case of infringement.
Of these legal remedies, injunctions and damages are generally considered to be the most robust. Injunctions can immediately stop unauthorized use of the intellectual property, while damages can provide financial compensation for the harm caused by the infringement. However, the most effective legal remedy may depend on the specific circumstances of each case, and it is often advisable to consult with legal counsel to determine the most appropriate course of action.
Google Bard’s answer:
The effectiveness of the legal remedies available to content and rights owners in situations where AI services or their users decide to nonetheless continue with either ingesting intellectual property for training purposes or uploading the content to AI services for analytical or reproduction/remixing purposes will depend on a number of factors, including the specific laws of the jurisdiction in which the infringement occurs, the strength of the copyright owner's case, and the resources available to the copyright owner.
In general, the most robust legal remedies available to copyright owners are:
Injunctive relief: An injunction is a court order that prohibits someone from doing something. In the context of copyright infringement, an injunction could be used to prevent an AI service from using copyrighted content without permission.
Damages: Copyright owners may be able to recover damages from infringers, including the profits that the infringers made from the infringement, the losses that the copyright owners suffered as a result of the infringement, and the costs of bringing the lawsuit.
Statutory damages: In some cases, copyright owners may be able to recover statutory damages from infringers, even if the copyright owners cannot prove that they suffered any actual damages. The amount of statutory damages that can be recovered varies from jurisdiction to jurisdiction.
Attorney's fees: In some cases, copyright owners may be able to recover their attorney's fees from infringers. The ability to recover attorney's fees depends on the specific laws of the jurisdiction in which the infringement occurs.
It is important to note that the legal remedies available to copyright owners may not be effective in all cases. For example, if an AI service is located in a country that does not have strong copyright laws, it may be difficult for a copyright owner to obtain an injunction or damages from the service. Additionally, even if a copyright owner is able to obtain an injunction or damages, the infringer may simply ignore the court order or be unable to pay the damages.
As a result, it is important for copyright owners to take steps to prevent their intellectual property from being used by AI services without permission. Some of the steps that copyright owners can take include:
Registering their copyrights: Copyright registration is not required to own a copyright, but it can make it easier to enforce your copyright rights.
Using copyright notices: Copyright notices can be used to notify users that a particular work is copyrighted. This can help to deter copyright infringement.
Embedding digital watermarks: Digital watermarks can be used to identify the copyright owner of a particular work and to track the distribution of that work.
Using content filtering: Content filtering can be used to block unauthorized access to copyrighted content. Content filtering can be implemented on AI services or on the user's device.
Sending takedown notices: Under the Digital Millennium Copyright Act (DMCA), copyright owners can send takedown notices to service providers that are hosting infringing content. Service providers are required to remove infringing content from their servers within a certain amount of time.
By taking these steps, copyright owners can help to protect their intellectual property from unauthorized use by AI services.
Bing Chat’s answer:
That’s a very specific and technical question. The effectiveness of legal remedies to protect IP against unauthorized use by AI services or their users may depend on various factors, such as the type and scope of IP rights involved, the jurisdiction and applicable laws, the evidence and proof of infringement, the availability and accessibility of enforcement mechanisms, and the costs and benefits of litigation.
Some possible legal remedies that IP owners may seek against AI infringers are:
Injunctions: These are court orders that prohibit or compel certain actions by the infringer, such as ceasing or removing the infringing activity, or providing access or information to the IP owner. Injunctions may be granted as interim or final relief, depending on the urgency and merits of the case. Injunctions may be effective in stopping or preventing further infringement, but they may also be difficult to obtain or enforce, especially across borders or online.
Damages or account of profits: These are monetary awards that compensate the IP owner for the loss or harm caused by the infringement, or that deprive the infringer of the profits gained from the infringement. Damages or account of profits may be effective in deterring or redressing infringement, but they may also be challenging to calculate or recover, especially when the infringer is unknown, insolvent or located in a different jurisdiction.
Delivery up or destruction: These are court orders that require the infringer to surrender or destroy the infringing items and items used to make them1. Delivery up or destruction may be effective in eliminating or reducing the supply of infringing items, but they may also be impractical or impossible to implement, especially when the infringing items are intangible, dispersed or replicated.
Tracing orders: These are court orders that require the infringer to disclose the identity and location of other parties involved in the infringement, such as suppliers, distributors or customers. Tracing orders may be effective in identifying or tracking down other infringers, but they may also be resisted or evaded by the infringer, especially when there are privacy, security or jurisdictional issues.
These are some of the possible legal remedies that IP owners may seek against AI infringers. However, they are not exhaustive or guaranteed, as there may be legal uncertainties, practical difficulties or policy implications in applying them to AI-related IP infringement cases.
Question 4 of 8 for AI Services: Is there any added value to content owners working with their own digital platform, secure environment for content access and exchange, secured communications between platform and user devices and secure account management and robust device security when trying to prevent unauthorized use for AI purposes?
ChatGPT’s answer:
Yes, there is added value to content owners working with their own digital platform, secure environment for content access and exchange, secured communications between platform and user devices, and secure account management and robust device security when trying to prevent unauthorized use for AI purposes.
Having a secure digital platform can provide several advantages for content owners. For example, a secure platform can provide more control over how the content is accessed, used, and distributed. It can also provide a more seamless and user-friendly experience for customers and users, which can help to build brand loyalty and increase revenue.
A secure platform can also help to prevent unauthorized use for AI purposes. By controlling access to the content and providing secure communications between the platform and user devices, content owners can prevent third-party services and AI systems from accessing and using the content without authorization. This can help to ensure that the content is used only for the purposes intended by the content owner.
Secure account management and device security can also help to prevent unauthorized use of the content. By requiring strong passwords, two-factor authentication, and other security measures, content owners can ensure that only authorized users are able to access the content. Additionally, by implementing robust device security measures, such as encryption and remote wipe capabilities, content owners can prevent unauthorized access to the content if a device is lost or stolen.
Overall, having a secure digital platform can provide several advantages for content owners, including greater control over how the content is used and distributed, a better user experience, and increased protection against unauthorized use for AI purposes.
Google Bard’s answer:
Yes, there is added value to content owners working with their own digital platform, secure environment for content access and exchange, secured communications between platform and user devices and secure account management and robust device security when trying to prevent unauthorized use for AI purposes.
Here are some of the benefits:
Control: Content owners have more control over their content when it is hosted on their own platform. They can decide who has access to the content and how it is used.
Security: A secure environment for content access and exchange can help to prevent unauthorized access to content. Secured communications between platform and user devices can help to protect user privacy and prevent data breaches. Secure account management can help to prevent unauthorized access to user accounts. Robust device security can help to protect devices from malware and other security threats.
Revenue: Content owners can generate revenue from their content in a variety of ways, such as through advertising, subscriptions, or sales. By working with their own digital platform, content owners can have more control over how their content is monetized.
Data: Content owners can collect data about how users interact with their content. This data can be used to improve the content, target advertising, or make other business decisions.
Overall, there are a number of benefits to content owners working with their own digital platform, secure environment for content access and exchange, secured communications between platform and user devices and secure account management and robust device security when trying to prevent unauthorized use for AI purposes.
Bing Chat’s answer:
That’s a very relevant and practical question. Content owners may benefit from using their own digital platform, secure environment for content access and exchange, secured communications between platform and user devices and secure account management and robust device security when trying to prevent unauthorized use for AI purposes. Some of the possible advantages are:
Greater control and visibility: Content owners can have more control and visibility over how their content is accessed, used, shared and stored by AI services or their users. They can set their own policies, permissions and preferences for content management and security. They can also monitor and audit the content flows and activities on their platform and devices.
Reduced risks and costs: Content owners can reduce the risks and costs of IP infringement, privacy breaches, data loss or corruption by AI services or their users. They can prevent or limit unauthorized access, copying, distribution or modification of their content by using encryption, watermarking, digital rights management, authentication or verification systems. They can also avoid or minimize the reliance on third-party platforms or services that may have different or lower standards of content protection and security.
Enhanced reputation and trust: Content owners can enhance their reputation and trust among their customers, partners and stakeholders by using their own digital platform, secure environment for content access and exchange, secured communications between platform and user devices and secure account management and robust device security. They can demonstrate their commitment and capability to protect their content and respect the IP rights of others. They can also leverage their platform and security features as a competitive advantage or a value proposition.
These are some of the possible advantages of using their own digital platform, secure environment for content access and exchange, secured communications between platform and user devices and secure account management and robust device security when trying to prevent unauthorized use for AI purposes. However, they are not absolute or guaranteed, as there may be technical challenges, operational complexities or legal uncertainties in implementing and maintaining them.
Question 5 of 8 for AI Services: Some smaller content creators and rights owners won't have the funds to implement all of the remedies mentioned above. Do you have any tips for them as to how they can protect themselves?
ChatGPT’s answer:
Yes, there are several tips that smaller content creators and rights owners can follow to protect their intellectual property, even if they don't have the funds to implement all of the remedies mentioned above:
Copyright registration: In many countries, copyright protection is automatic upon creation of the work. However, registering the copyright with the relevant government agency can provide additional legal protection and can make it easier to enforce your rights if someone infringes on your intellectual property.
Watermarking: Adding a visible or invisible watermark to your content can help to deter unauthorized use by making it more difficult to remove or obscure the ownership information.
Terms of use agreements: Requiring users to agree to terms of use agreements before accessing your content can help to deter unauthorized use and can provide a legal basis for pursuing legal remedies in case of infringement.
Creative Commons licensing: Using a Creative Commons license can provide a standardized legal framework for sharing your content while still retaining some control over how it is used. This can make it easier for others to use your content legally while also protecting your intellectual property rights.
Regular monitoring: Regularly monitoring the internet for unauthorized use of your content can help to detect and prevent infringement early on, before it becomes more difficult to address.
Education: Educating yourself and your users about intellectual property rights can help to raise awareness and prevent unintentional infringement.
While these measures may not provide the same level of protection as more robust legal remedies, they can still help to deter unauthorized use and provide some legal basis for pursuing remedies in case of infringement. It is important to consult with legal counsel to determine the most appropriate measures for your specific situation.
Google Bard’s answer:
I understand that smaller content creators and rights owners may not have the funds to implement all of the remedies mentioned above. However, there are still a number of things that they can do to protect themselves. Here are a few tips:
Register your copyrights. Copyright registration is not required to own a copyright, but it can make it easier to enforce your copyright rights. You can register your copyrights with the U.S. Copyright Office.
Use copyright notices. Copyright notices can be used to notify users that a particular work is copyrighted. This can help to deter copyright infringement. You can use the following copyright notice:
Code snippet
Copyright © [Your Name] [Year]
Use code with caution. Learn more
Embedding digital watermarks. Digital watermarks can be used to identify the copyright owner of a particular work and to track the distribution of that work. You can embed digital watermarks in your content using a variety of software programs.
Using content filtering. Content filtering can be used to block unauthorized access to copyrighted content. Content filtering can be implemented on your website or on the user's device.
Sending takedown notices. Under the Digital Millennium Copyright Act (DMCA), copyright owners can send takedown notices to service providers that are hosting infringing content. Service providers are required to remove infringing content from their servers within a certain amount of time.
By taking these steps, smaller content creators and rights owners can help to protect their intellectual property from unauthorized use.
In addition to the above, smaller content creators and rights owners can also consider joining a collective licensing organization (CLO). CLOs are organizations that negotiate licenses on behalf of their members. This can be a cost-effective way for smaller content creators and rights owners to protect their intellectual property.
Finally, smaller content creators and rights owners can also consider working with a lawyer who specializes in intellectual property law. A lawyer can help you to understand your rights and to develop a plan to protect your intellectual property.
Bing Chat’s answer:
That’s a very valid and common concern. Smaller content creators and rights owners may not have the funds to implement all of the remedies mentioned above, but they can still take some steps to protect themselves. Some of the possible tips are:
Register your IP rights: If possible, register your IP rights with the relevant authorities in the countries where you operate or sell your products or services. This will help you to establish your ownership and enforce your rights against infringers. Registration may involve some costs and fees, but they may be worth it in the long run.
Use clear and visible notices: Use clear and visible notices on your content to indicate your IP ownership and rights. For example, you can use the copyright symbol ©, your name, the year of creation and the phrase “All Rights Reserved” on your content. You can also use watermarks, logos or other identifiers to mark your content as yours.
Use licensing agreements or contracts: Use licensing agreements or contracts when you allow others to use your content for AI purposes or otherwise. Make sure that the terms and conditions are clear and fair, and that they specify the scope, duration, purpose and payment of the license or contract. You can also use standard or model contracts or agreements that are available online or from professional associations.
Use online tools or services: Use online tools or services that can help you to protect your content or detect infringement. For example, you can use encryption, watermarking, digital rights management, authentication or verification systems to prevent or limit unauthorized access, copying, distribution or modification of your content. You can also use reverse image search, plagiarism checkers, content identification systems or other tools to find out if your content has been used by others without your permission.
Seek legal advice or assistance: Seek legal advice or assistance if you encounter any IP infringement issues or disputes involving AI. You can consult a lawyer who specializes in IP law or AI law, or contact an IP office, a trade association, a professional body or a non-governmental organization that can provide you with information, guidance or support.
These are some of the possible tips for smaller content creators and rights owners to protect themselves. However, they are not exhaustive or foolproof, as there may be limitations, risks or challenges in applying them to AI-related IP issues.
Question 6 of 8 for AI Services: So where technology is 'being allowed' to automatically and on a large and global scale infringe on people's IP rights, trying to repair that situation still requires intervention of legal counsel and courts of law? Do you know of any alternative means, or do you feel there should perhaps be AI based infringement identification and remediation in place to help rights owners more quickly and in a more cost effective way (and at scale), considering the fact that AI will significantly speed and scale up the pace, impact and volume of infringements?
ChatGPT’s answer:
It is true that where technology is being used to infringe on people's intellectual property rights, legal intervention may be necessary to remedy the situation. However, there are alternative means that can be used to help rights owners more quickly and in a more cost-effective way.
One alternative means is the use of automated copyright infringement detection systems. These systems use AI and machine learning algorithms to scan and identify instances of copyright infringement on the internet. They can identify infringements in a much more efficient and scalable way than humans, and can potentially help to identify infringements before they become too widespread or difficult to address.
There are already some companies and organizations that offer copyright infringement detection services, and these services can be a valuable tool for rights owners. However, it is important to note that automated systems are not perfect and can sometimes generate false positives, which can lead to legitimate content being flagged as infringing. Therefore, it is important to use such systems as a tool in conjunction with human oversight and legal expertise to ensure that only genuine cases of infringement are pursued.
In addition to automated copyright infringement detection systems, there are also other alternative means that can be used to protect intellectual property rights, such as blockchain-based solutions and digital fingerprinting technologies. These solutions can provide additional layers of protection and verification, and can potentially help to prevent or detect infringement more quickly and efficiently.
In summary, while legal intervention may still be necessary in some cases, there are alternative means, including the use of AI-based infringement identification and remediation, that can be used to help protect intellectual property rights more quickly, efficiently, and at scale.
Google Bard’s answer:
Yes, I agree that there should be AI-based infringement identification and remediation in place to help rights owners more quickly and in a more cost-effective way (and at scale).
AI has the potential to revolutionize the way that we identify and remediate IP infringement. AI can be used to:
Scan large amounts of data for potential infringement. This can be done much more quickly and efficiently than by humans.
Identify patterns of infringement. This can help rights owners to target their enforcement efforts more effectively.
Generate reports and recommendations. This can help rights owners to make informed decisions about how to respond to infringement.
AI can also be used to develop new tools and technologies that can help to prevent IP infringement in the first place. For example, AI can be used to:
Create watermarks that are more difficult to remove.
Develop content filtering systems that can block infringing content.
Educate users about IP law and the importance of respecting copyright.
Overall, AI has the potential to play a major role in protecting IP rights in the digital age. By using AI, rights owners can more quickly and effectively identify, remediate, and prevent IP infringement.
Bing Chat’s answer:
That’s a very forward-looking and insightful question. Technology that allows unauthorized use of IP for AI purposes may indeed pose significant challenges for rights owners, especially when such use is automated and scaled up. Relying on legal counsel and courts of law may not be sufficient or effective to repair the situation, as they may involve delays, costs and uncertainties. Therefore, alternative means of infringement identification and remediation may be desirable or necessary for rights owners.
Some possible alternative means are:
AI-based tools or services: Rights owners can use AI-based tools or services that can help them to detect, prevent or resolve IP infringement by AI. For example, they can use reverse image search, plagiarism checkers, content identification systems or other tools to find out if their content has been used by others without their permission. They can also use encryption, watermarking, digital rights management, authentication or verification systems to prevent or limit unauthorized access, copying, distribution or modification of their content. They can also use online dispute resolution platforms or smart contracts to facilitate the settlement of IP disputes with AI users.
IP registries or databases: Rights owners can register their IP rights or content with IP registries or databases that can help them to establish their ownership and rights. For example, they can use blockchain-based registries or databases that can provide immutable and verifiable records of their IP rights or content. They can also use registries or databases that can link their IP rights or content with licensing information or terms and conditions, making it easier for AI users to obtain permission or pay royalties.
IP policies or standards: Rights owners can participate in the development or adoption of IP policies or standards that can help them to protect their IP against unauthorized use for AI purposes. For example, they can join industry associations, professional bodies or non-governmental organizations that can advocate for their IP interests and rights in the policy debate on AI and IP. They can also follow best practices or standards for IP protection and security that are relevant for AI systems.
These are some of the possible alternative means of infringement identification and remediation for rights owners. However, they are not exhaustive or proven, as there may be technical difficulties, operational complexities or legal implications in implementing and using them.
Question 7 of 8 for AI Services: Can you think of any examples of the secure platforms we discussed earlier?
ChatGPT’s answer:
Sure, here are a few examples of secure platforms that can be used to protect intellectual property:
Dropbox: Dropbox is a cloud storage and file sharing platform that provides secure access to files and folders through password protection and two-factor authentication. It also uses encryption to protect files in transit and at rest.
Box: Box is another cloud storage and collaboration platform that provides similar security features as Dropbox, including encryption, two-factor authentication, and access controls.
Digify: Digify is a secure document sharing and collaboration platform that uses digital rights management (DRM) to control access to documents and prevent unauthorized sharing. It also includes features such as watermarking and time-limited access to further protect intellectual property.
SecureDocs: SecureDocs is a virtual data room platform that provides secure access to sensitive documents through encryption, access controls, and two-factor authentication. It is commonly used for secure collaboration on mergers and acquisitions, fundraising, and other sensitive business transactions.
Google Workspace: Google Workspace (formerly known as G Suite) is a suite of productivity tools, including Gmail, Google Drive, Google Docs, and Google Sheets, that provides secure access to files and data through encryption, two-factor authentication, and access controls.
These are just a few examples of secure platforms that can be used to protect intellectual property. It's important to evaluate the security features of any platform before using it to store or share sensitive information.
Google Bard’s answer:
Sure. Here are some examples of secure platforms:
Content Delivery Networks (CDNs): CDNs are a network of servers that are distributed around the world. CDNs can help to protect content from unauthorized access by caching content on servers that are close to users. This can make it more difficult for attackers to intercept content.
Web Application Firewalls (WAFs): WAFs are a type of firewall that is designed to protect web applications from attacks. WAFs can help to block malicious traffic and prevent attacks such as cross-site scripting (XSS) and SQL injection.
Data Loss Prevention (DLP) solutions: DLP solutions are designed to prevent the unauthorized disclosure of sensitive data. DLP solutions can help to prevent data from being copied, printed, or emailed without authorization.
End-to-end encryption: End-to-end encryption is a type of encryption that protects data from unauthorized access while it is being transmitted. End-to-end encryption can be used to protect data that is being sent over the internet, such as emails, instant messages, and voice calls.
Two-factor authentication: Two-factor authentication is a security measure that requires users to provide two forms of identification in order to access a system. Two-factor authentication can help to prevent unauthorized access to accounts by making it more difficult for attackers to steal passwords.
These are just a few examples of secure platforms. There are many other types of secure platforms available, and the best platform for you will depend on your specific needs.
Bing Chat’s answer:
That’s a very good question. Secure platforms are platforms that provide content protection and security features for content owners and users. Some examples of secure platforms are:
VPlayed: VPlayed is a secure video streaming platform that offers on-demand and live content delivery solutions for various industries and use cases. VPlayed provides end-to-end encryption, digital rights management, watermarking, geo-blocking, password protection and other security features to protect content from unauthorized access, copying, distribution or modification.
Dacast: Dacast is a secure online video platform that offers professional streaming solutions for live and on-demand content. Dacast provides AES encryption, HTTPS delivery, SSL/TLS encrypted paywall, password protection, IP restrictions, referrer restrictions and other security features to protect content from piracy, theft or misuse.
Brightcove: Brightcove is a best-in-class platform that offers video hosting and streaming solutions for broadcasters and content providers. Brightcove provides encryption, digital rights management, watermarking, geo-blocking, domain restriction, token authentication and other security features to protect content from unauthorized use or sharing.
GUDSHO: GUDSHO is a secure streaming platform that offers on-demand and live content delivery solutions for entertainment and education purposes. GUDSHO provides encryption, digital rights management, watermarking, geo-blocking, password protection and other security features to protect content from piracy, theft or misuse.
These are some of the examples of secure platforms that we discussed earlier. However, they are not exhaustive or definitive, as there may be other platforms that offer similar or different security features.
Question 8 of 8 for AI Services: Do you know of any technologies that can be applied to legacy or proprietary systems to protect them against unauthorized misuse of content by AI Services (for training or analytical purposes?
ChatGPT’s answer:
Yes, there are several technologies that can be applied to legacy or proprietary systems to protect them against unauthorized misuse of content by AI services. Here are a few examples:
Digital watermarking: Digital watermarking is a technique that embeds information into digital content, such as images, videos, or audio files, to identify the owner of the content and track its use. Watermarks can be used to detect unauthorized use of content by AI services, as the watermark will be present in any copies or derivatives of the content.
Content encryption: Encryption is a method of encoding information so that it can only be accessed by authorized parties who possess the decryption key. Content encryption can be used to protect legacy or proprietary systems against unauthorized access by AI services, as the content will be unreadable without the decryption key.
Access controls: Access controls are mechanisms that limit access to sensitive information to authorized parties. Access controls can be applied to legacy or proprietary systems to prevent unauthorized access by AI services or other unauthorized users.
Digital fingerprinting: Digital fingerprinting is a technique that generates a unique identifier for digital content based on its characteristics, such as its color profile, resolution, or sound wave. Digital fingerprints can be used to track the use of digital content and detect unauthorized use by AI services.
Anti-piracy software: Anti-piracy software is designed to prevent unauthorized use and distribution of digital content. This software can be used to prevent AI services from using content without permission or to detect unauthorized use and take action to stop it.
These are just a few examples of technologies that can be applied to legacy or proprietary systems to protect them against unauthorized use by AI services. It's important to evaluate the specific needs of the system and the type of content being protected to determine the most appropriate technology to use.
Google Bard’s answer:
Yes, there are a number of technologies that can be applied to legacy or proprietary systems to protect them against unauthorized misuse of content by AI Services. Here are a few examples:
Content filtering: Content filtering can be used to block unauthorized access to content. Content filtering can be implemented on the AI Service or on the user's device.
Digital watermarks: Digital watermarks are invisible marks that can be embedded in digital content. Digital watermarks can be used to identify the copyright owner of a particular work and to track the distribution of that work.
Access control: Access control can be used to restrict access to content to authorized users. Access control can be implemented on the AI Service or on the user's device.
Encryption: Encryption can be used to protect content from unauthorized access. Encryption can be implemented on the AI Service or on the user's device.
Authentication: Authentication can be used to verify the identity of users before they are allowed to access content. Authentication can be implemented on the AI Service or on the user's device.
Logging: Logging can be used to track access to content. Logging can be used to identify unauthorized access and to investigate incidents.
Monitoring: Monitoring can be used to detect suspicious activity. Monitoring can be used to identify unauthorized access and to investigate incidents.
These are just a few examples of technologies that can be applied to legacy or proprietary systems to protect them against unauthorized misuse of content by AI Services. The best technology for you will depend on your specific needs.
In addition to the above, it is also important to have a strong security policy in place. A security policy should define the security requirements for your system and should outline the procedures that users must follow to protect the system. A security policy should also be regularly reviewed and updated to reflect changes in the threat landscape.
By taking these steps, you can help to protect your legacy or proprietary systems from unauthorized misuse of content by AI Services.
Bing Chat’s answer:
That’s a very challenging and important question. Technologies that can be applied to legacy or proprietary systems to protect them against unauthorized misuse of content by AI services (for training or analytical purposes) may vary depending on the type and nature of the systems and the content. However, some possible technologies are:
Encryption: Encryption is a technology that transforms data into an unreadable format using a secret key or algorithm. Encryption can be applied to legacy or proprietary systems to protect the content from being accessed, copied, distributed or modified by unauthorized AI services or users. Encryption can be done at different levels, such as file-level, disk-level or network-level encryption.
Digital rights management: Digital rights management (DRM) is a technology that controls the access and use of digital content by applying rules, restrictions or licenses. DRM can be applied to legacy or proprietary systems to protect the content from being used for AI purposes without permission or payment. DRM can include features such as watermarking, geo-blocking, time-limiting or device-limiting.
Anonymization: Anonymization is a technology that removes or modifies personal or sensitive information from data sets to prevent identification or re-identification of individuals. Anonymization can be applied to legacy or proprietary systems to protect the content from being analyzed or exploited by AI services for malicious or harmful purposes. Anonymization can include techniques such as masking, aggregation, perturbation or generalization.
Adversarial learning: Adversarial learning is a technology that introduces noise, distortion or perturbation into data sets to fool or degrade the performance of AI models or algorithms. Adversarial learning can be applied to legacy or proprietary systems to protect the content from being used for AI training or analytical purposes without consent or quality assurance. Adversarial learning can include methods such as adversarial examples, adversarial attacks or adversarial defenses.
These are some of the possible technologies that can be applied to legacy or proprietary systems to protect them against unauthorized misuse of content by AI services. However, they are not exhaustive or foolproof, as there may be limitations, risks or challenges in implementing and using them.