Since its launch, ChatGPT, a superintelligence with terrible power that can threaten the eradication of dozens of professions in the future, has been constantly making waves. However, besides its convenience, ChatGPT still raises many controversies surrounding copyright issues. Therefore, the article below will focus on pointing out the copyright issues of ChatGPT.
1. What is ChatGPT?
ChatGPT stands for Chat Generative Pre-training Transformer. This is an application launched by OpenAI Company in November 2022. ChatGPT is a model that uses AI technology to process language, capable of creating text. Similar to humans with only basic keywords. In simple terms, this tool processes natural language and can be used as a human-like chat assistant. A notable point is the conversational interaction and surprising feedback.
The tool can even create new images and videos based on what it has learned from its huge database of e-books, online articles, and other articles. other vehicles. With that huge application potential, ChatGPT is considered one of Google’s formidable competitors. Many people even believe that ChatGPT will make many careers “out of the chicken coop” because of its intelligence and fast processing speed.
And one of the effects that ChatGPT has is on the book publishing industry. According to a recent report, as of mid-February 2023, there were more than 200 e-books in the Kindle store that named ChatGPT as author or co-author. On the Amazon book library, there are also several items about books supported by ChatGPT or books written entirely by super AI. With what’s going on, AI is feared to have a major impact on the publishing industry.
2. Legal issues raised
2.1. Is content created by ChatGPT protected by copyright?
Although it brings many benefits to users, ChatGPT still causes many concerns related to ethical issues such as the ability to spread fake news and assist bad guys in fraud… One of the aspects that are widely discussed by people is most interested in the copyright aspect of the works created by this tool.
Firstly, regarding the issue of copyright for works created by ChatGPT, according to the copyright laws of most countries in the world, only works created by humans are protected by copyright. For example, the Copyright Act of the United States of America requires that for a work to be protected by copyright, it must be created by a human being, without the input of human creativity will not be protected by copyright. Vietnam is no exception when the Intellectual Property Law stipulates in Clause 1, Article 12a of Consolidated Document 11/VBHN – VPQH 2022, the Intellectual Property Law, which stipulates: “The author is the person who directly creates the work”.
This is a reasonable regulation because to register a copyright for a work, you will have to go through many stages from making documents and submitting documents to monitoring the response of the Copyright Office or in Vietnam, the Copyright Office. Copyright, therefore, copyright registration by ChatGPT may face major obstacles.
2.2. In case works created by ChatGPT are protected by copyright, who is the owner?
In just 30 seconds, ChatGPT can completely create a short poem or a paragraph. So who will be the owner of poems or works created by ChatGPT? Currently, there are three different views as follows:
- The first view is that ChatGPT is considered the owner for the following reasons:
One of the things that makes ChatGPT more highly rated than other tools like Google Search is that ChatGPT synthesizes information from many different sources, and then creates an answer according to its understanding and equations, not relying on the user’s intelligence and knowledge.
Furthermore, according to Clause 1, Article 13 of the Consolidated Document of the Intellectual Property Law, it is stipulated: “Organizations and individuals whose works are protected by copyright include those who directly create the works…” Therefore, ChatGPT is considered the copyright owner of the work they create.
- The second view is that ChatGPT is not the owner for the following reasons:
Firstly, Chat GPT provides answers after the user asks the question – it is not possible to proactively create works.
Next, a civil transaction is established between the user and the platform (whether the user spends money or uses it for free) whereby the user is given ownership of the resources available on the system. ChatGPT data. Users here have the right to request ChatGPT to publish a work or answer any user’s questions. According to Clause 2, Article 39 of the Consolidation Document of the Intellectual Property Law: “Organizations and individuals that enter into contracts with authors who create works are the owners of the rights specified in Article 20 and Clause 3, Article 19 of this law”. Therefore, people who use ChatGPT to create works can be recognized as copyright owners.
- The third view is that both ChatGPT and the user are identified as co-owners of copyright in the work created by ChatGPT.
If ChatGPT is considered the author who created the work, then by being granted permission to use ChatGPT’s available functions, the user is the party that hired ChatGPT to create the work. Meanwhile, ChatGPT will have moral rights, including the right to name the work, take the author’s name when the work is published, and protect the integrity of the work created by ChatGPT itself; and users have property rights such as the right to perform the work in public, copy the work, distribute and rent the work.
However, before determining who is the copyright owner of the works created by ChatGPT, it is necessary to consider another factor: ChatGPT’s “Terms of Service”. If these Terms of Service stipulate that Chat GPT or the unit creating this platform is the author and owner of the copyright of the work created by Chat GPT, then that person using this platform will not have the full rights of a copyright holder such as not having the right to edit, crop, perform, or distribute that work.
3. Conclusion
According to the traditional view, a created work usually takes a lot of effort and money and is the result of the author’s individual, or organization. Therefore, the law protects their rights and interests by granting these subjects copyright to recognize the author’s intelligence and labor, especially works of poetry, literature, or literary works performance products.
However, society is increasingly developing, modern technology is increasingly innovative, and the birth of artificial superintelligence is a challenge to legal regulations in general and legal regulations on property intelligence in particular. Unlike humans who use their minds and shape works in a certain physical form to create works, ChatGPT gathers knowledge, and data and is pre-programmed in a technology platform to create a cool piece of work that only takes 3 seconds or less.
Therefore, amending the Intellectual Property Law accordingly is necessary and practical for today’s practice.
Above is the article “ChatGPT and copyright issues”. Hope this article will help you.
