1. Ownership and privacy
Let's now discuss ownership and privacy in more detail!
2. Ownership and privacy
Ownership and privacy are two key considerations when scoping ChatGPT's suitability for a particular use case.
Neglecting to consider these factors, especially for companies, can bring with it financial penalties, lawsuits, and damage to customer trust and brand image.
3. Who owns the response?
We'll first discuss the response, as this is ultimately how value will be delivered to users.
Establishing ownership over the response is crucial, especially if we intend on integrating ChatGPT into revenue-generating products.
4. Who owns the response?
As stated in OpenAI's terms of use, providing that users comply with the terms or use and any applicable laws, they can claim ownership to the output.
This is great, but before we begin celebrating, let's dig a little deeper into these terms.
5. Who owns the response?
First, we cannot claim ownership over responses that are considered non-unique, as they can also be generated for other users.
If we use a prompt with a small number of likely responses, such as asking factual questions or requesting very short pieces of text, we cannot claim ownership over the response.
Second, we can't claim that responses from ChatGPT were human-generated. For products or tools built on top of ChatGPT, we'll need to ensure that customers aren't under the misapprehension that the generated content is human-generated.
Finally, ChatGPT can't be used to infringe on a person's rights, which includes copyright infringement.
OpenAI update their terms of use fairly regularly, so be sure to double-check them before giving the green light.
6. Ownership and copyright
Copyright prevents people from using intellectual property without prior consent from the owner. If AI-generated content bears similarity to content protected by copyright, we're at risk of receiving an infringement claim from the owner of the IP.
7. Who owns the prompt?
Now let's discuss ownership over the prompt!
8. Who owns the prompt?
As we might expect, OpenAI's terms state that the user owns the input as far as permitted by the law.
Although this addresses ownership over the prompt, there are other considerations to be aware of.
9. Prompt privacy
OpenAI are continuously developing ChatGPT to improve its performance, and one way this is being achieved is by analyzing user's prompts and responses. If we're interacting with ChatGPT via the browser, and don't want this data being used for performance improvements, we'll need to opt-out in the privacy settings.
Inputting sensitive data without the proper consent could risk breaching data governance laws, so it's always important to check the specific terms and applicable laws.
10. Data governance
Data governance laws govern how data and information can be collected, stored, and used to protect people's personal data.
One of the biggest and most established data governance laws is GDPR, which governs data usage impacting EU citizens and residents.
Data governance laws already place restrictions on how sensitive data can be used, so any use case for ChatGPT must not only satisfy OpenAI's terms of use but must also adhere to the applicable data governance laws.
11. AI ethics
Aside from the legalities of enabling a use case, we should also stop to consider the ethics.
AI ethics is a field dedicated to ensuring that AI is used with people and society's best interests in mind.
Although this is a fairly loose definition and not legally binding, we should still ensure that enabling our use case won't adversely impact society and, desirably, bring an overall positive impact.
12. Let's practice!
Grab your gavel; it's time to put your new-found legal and ethical understanding into practice!