Copyright

As AI is a quickly evolving sector, the legal implications are not certain at this time. We will endeavour to update this section as new policies, regulations and case law comes forward.

Areas to Consider

• Input: At this time there are a number of lawsuits questioning the use of copyright protected content in training AI models and whether or not existing exceptions in the Canadian copyright framework, such as fair dealing, legally apply.
• Output: Authorship and ownership of material generated by AI is unclear. Canadian copyright calls for the use of skill and judgement in the creation of work, but to what extent this includes human input and prompt engineering has yet to be determined.

If you are considering the use of Gen AI, then the following items should be contemplated:

• Ensure the use of AI tools is allowed if you are doing so for course work and/or submission to a publisher or funding body.
• While using a Gen AI tool to create content, you may not retain ownership or copyright in the end product.
• Never submit confidential information, personal information, or significant portions of protected work that you do not own. Content input into a tool may become a part of the system dataset and inadvertently resurface in responses.
• Always review the terms of use for the tool or service you are using. Terms of use typically outline the use and ownership of input and output. Note: These terms are also subject to change without notice and should be reviewed frequently.
• Document your use of AI tools including prompts and any input documents used. Follow citation guidelines as needed and if you intend on publishing your work, review guidelines from publishers on the use of AI tools in your work.

No. The database licensing held by the college generally does not permit the use of license materials in this way. While some licensing contracts may differ slightly, most agreements do not allow for the uploading of protected works to third-party platforms, including Gen AI tools.

With Creative Commons materials it will depend on the situation. The Creative Commons' FAQs on AI and CC Licenses notes that "if someone uses a CC-licensed work with any new or developing technology, and if copyright permission is required, then the CC license allows that use without the need to seek permission from the copyright owner so long as the license conditions are respected."

Need further assistance?
Contact Marcia Steeves, Academic Integrity and Copyright Officer at copyright@flemingcollege.ca