South Africa may need to review its Copyright Act to cater for emerging technologies such as OpenAI’s ChatGPT.
Social media has been abuzz with discussions around the possibilities and dangers of this innovation, ranging from its ability to debug code, to its potential to write essays for college students. “To date, and by traditional standards, works created by individuals are protected by different forms of IP, including copyright. However, if AI-generated content satisfies the requirements for copyright protection, it could also be protected.”differentiates between traditional authorial works and computer-generated works like OpenAI’s DALL-E graphics, which would qualify as computer-generated artistic work.to have a thorough view of existing and potential changes to the Act,” says Sabinet.
“ChatGPT is trained on a vast amount of text data, including books, articles and other written materials,” says the law firm. However, it explains, providing instruction to the AI, enabling it to make decisions on the outcome of the work may result in the user being identified as the author, as they are then responsible for arranging the generation of the work.
“Cases may need to be individually assessed on various merits, undergoing a factual inquiry, to draw a conclusion.”
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