When It Comes to AI, Who Carries the Responsibility?
- 11. July 2023
The Legal Implications of Using Open AI
If you don’t use AI you are doomed! This is basically all you can read in the ews these days. I agree AI is amazing. In fact, Adapt uses it in our business. AI can speed up code writing, it can jumpstart content writing, it can even offer inspiration in our creative work and processes. But that doesn't mean it's the perfect tool, I have already pointed out some warnings you should be aware of when you feed the big AI beast. Now it's time to address some legal aspects when you use AI in a work process.
Let’s look at a specific example:
- Imagine you’re a client and you hire a digital or creative agency to build you a new digital solution. As a forward-thinking person, you ask the agency if they use AI because you have heard this will save time and money. The digital agency replies: Yes, of course, we use AI. We have the most forward-thinking creative people as part of our team!
It sounds pretty nice, right? So how can AI provide any negative consequences in this example?
Well, the thing is, the Big Tech-platforms don’t take any responsibility for any IP or trademark breach when the solution is provided. Let’s say the solution your agency partner provides violates somebody's IP or Trademark. Who holds the responsibility in this case? It’s not the AI platform provider. Even though they provided part of the solution, the AI provider is not liable for that breach.
This also applies to a security breach, for example. Imagine the code generated has security flaws that are not discovered until after the solution has been provided.This leaves the liability at the agency or the client.
For now, there are no legal ways to deal with this scenario and, unfortunately, legislation is always some years behind technological development.
So What Can We Do?
SImply put: don’t use AI blindfolded. AI should be used as a companion to your work, not as a replacement. Until the legal implications have been clearly defined, it is up to those who us AI to ensure that the work is safe and doesn't violate existing IP.
Leave time for yourself, your colleagues, and any tech partner to validate AI-generated work. Otherwise, you will be Artificially Ignorant, which was the opposite of your goal.
Enjoy the powers of AI, but use it wisely.