Are you planning to make money with ChatGPT? Better read the fine print in the OpenAI contract

ChatGPT continues to be the driving force driving the trend of Generative Artificial Intelligence, a new content creation technology based on hints with ever more effective results. After successfully debuting with 100 million users in its first month of availability, the system has taken off in the content creation segment, and this is what could be one of the most problematic elements for users in the future. all for do not read the terms of use in the agreement that each user signs.

Lance Eliot’s recent report to Forbes highlights some of the hidden details of the terms of use within the contract that every user accepts when they sign up for OpenAI services. The author, an expert in artificial intelligence ethics and law, recommends that ChatGPT users take steps to mitigate these risks, such as taking out liability insurance.

The article also suggests the need for greater transparency and accountability in the AI ​​industry to protect both users and technology developers in this area.

ChatGPT and “compensation” for damages to third parties

Eliot highlights an important element in the “damage to third parties” issues in that the use of OpenAI software can affect the company from different points of view: copyright, misuse of the original assets, impersonation, and others. At this point, the Forbes writer attached the following section to the contract:

“Article 7 Compensation; Disclaimer of Warranties; Limitations of Liability: (a) Indemnification. You agree to defend, indemnify and hold harmless us, our affiliates and our employees from any and all claims, damages and expenses (including attorneys’ fees) arising from your use of the Services, including your Content. , products or services you develop or offer in connection with the Services, or your violation of these Terms or applicable law.”

To put it simply: if OpenAI is sued for misuse of its products by third parties, the user should be held legally responsible. This implies that the user’s representation expenses will be covered by OpenAI. Yes, you will have to pay to defend OpenAI in court and pay legal fees.

ChatGPT: you own what it tells you

With regard to specific intellectual property issues, the article deals with treaties by content and focuses on section 3 of the treaty:

“Section 3 Content: (a) Your Content. You may provide information to the Service (“Input”) and receive output generated and returned by the Service based on Input (“Output”). as “Content”. As far as the parties are concerned, and to the extent permitted by applicable law, you are the owner of the entire “Entry”. Subject to your compliance with these Terms, OpenAI assigns to you all of its rights, title and interest in and to “Login”. Exit”. This means that you may use the Content for any purpose, including commercial purposes such as selling or publishing, as long as you comply with these Terms. OpenAI may use the Content to provide and maintain the Services, comply with applicable laws, and enforce our policies You are responsible for the Content, including ensuring that it does not violate any applicable laws or these Terms.”

In short, you own what ChatGPT “tells you”, although the company can use these “inputs” – your requests to the system – to maintain the service and protect itself from the law. However, it is the user who must be aware that his content does not infringe copyright.

it’s not new

It is clear that all web services add protection points to avoid complications in the future. For Eliot, this is very common in the tech market: “This is, shall we say, normal. He probably didn’t understand what it was. It is also unlikely that he ever actually fell under the indemnity clause.”

What’s interesting about this is that the rise of this technology could spark a series of IP or infringement cases in the not-too-distant future. From now on, various companies developing AI to create images have been criticized by artists who have found some of their work in the service’s offerings.

It is important to note that Generative AI is a workflow optimization tool, but it uses different sources to generate this query. In some cases, references to pre-existing works may be used when creating content or programming code, and it is each user’s responsibility to investigate possible overlaps, especially in the prolific field of audiovisual art.