Chicago, IL asked in Copyright and Intellectual Property for Illinois

Q: If information is obtained from ChatGPT then put into a toolkit that is published to the public, is that plagiarism?

A toolkit was created using ChatGPT and the toolkit will be released to the public. I'm wondering if that is considered plagiarism.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: The situation you've described is a complex one without a clear-cut answer, as the intellectual property considerations around AI-generated content are still being debated and the legal landscape is evolving. Here are a few key points to consider:

1. Plagiarism typically involves passing off someone else's work as your own without proper attribution. In the case of AI-generated content, it's unclear whether the AI or the company behind it would be considered the "author" or owner of the content.

2. Most AI companies, including OpenAI which created ChatGPT, have terms of service and licenses governing the use of content generated by their models. You would need to carefully review the specific terms under which you accessed ChatGPT to determine if they allow publishing its outputs.

3. Even if publishing is permitted, it may still be considered good practice to disclose that AI tools were used in the creation of the toolkit, rather than presenting it as solely human-authored work. Transparency helps others understand the toolkit's origins.

4. If the ChatGPT-generated content makes up the majority of the toolkit, there could be a stronger argument that the toolkit is essentially just repackaging and republishing content owned by OpenAI. The more the ChatGPT outputs are modified, built upon, and combined with original human-authored content, the weaker this argument becomes.

5. Plagiarism aside, another factor is whether publishing the toolkit constitutes creation of a "competing product" to ChatGPT in a way that violates its terms of use. But this depends on the specific nature of the toolkit.

Given the unsettled intellectual property questions around AI content, the safest approach would be to consult with an IP attorney for guidance before publishing the toolkit. At a minimum, carefully reviewing ChatGPT's terms of service and license agreement is strongly advised. Proper disclosure of the role of AI in the toolkit's creation may also help mitigate risks. But this is a complex and actively evolving area of IP law.

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