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Generative AI & Copyright

The use of generative artificial intelligence (GenAI) services are now commonplace at the University of Windsor and across the higher education sector.

In support of these developments, academic libraries seek to empower researchers to utilize AI tools in their work for all legal purposes, supporting the core missions of non-commercial research, teaching, learning, and equitable access to information.

However, GenAI and related technologies are subject to existing laws and regulations in Canada, such as intellectual property, copyright and privacy laws1. The legal status (e.g., copyright legislation and case law) of GenAI services is currently unsettled in Canada and continues to evolve. 

Use of copyrighted works as input or training data

In Canada, there remains uncertainty2 regarding how familiar exceptions to obtaining permission, such as fair dealing, apply in this context. In academic libraries, this raises concerns about using copyrighted materials that the library licenses (journal articles, books, videos, etc.) in the context of GenAI. Given this, the library is attempting to provide some guideance to users in this area.

  • Can I use full-text library licensed resources in Generative AI tools like Chat GPT?

No. The library signs contracts with vendors and publishers, and the terms and conditions of these licenses outline what users are permitted to do when accessing content. These agreements do not allow for uploading copyright-protected works to third-party platforms, including generative AI tools.

Consult Leddy Library’s Acceptable Use of Online Resources policy for general information on how the library’s electronic resources may be used.

  • Can I use full-text library licensed resources in closed or self-hosted environment?

Maybe. For some select resources the library has negotiated the right to use the licensed content with artificial intelligence tools for non-commercial, research and academic purposes. In these cases, the use is restricted to AI tools in a closed or self-hosted environment, where only other authorized users of the institution can access the content. Such use cannot train the algorithm of a third-party AI tool or result in any portions of this content being retained by the third-party tool (e.g., with a third-party AI tool like ChatGPT).

Please contact the Leddy Library for assistance in identifying which resources are available for such use, and the specific license terms. Consult Leddy Library’s Acceptable Use of Online Resources policy for general information on how the library’s electronic resources may be used.

  • Can I use full-text, openly licensed material (e.g. Creative Commons) in Generative AI tools?

Yes. The Creative Commons' FAQs on AI and CC Licenses indicates 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." Please refer to this Creative Commons resource for further guidance. 

Copyright status of content created by GenAI

Authorship and ownership of a work as pertains to copyright requires a human or group of humans as creators of that work4. As there are likely to be varying degrees of human input in GenAI content generated, it is unclear in Canada how it will be determined who the appropriate author and owner of works are if any. As a result, users of GenAI products should exercise caution with the output of GenAI and any assumptions about the ownership and copyright of the resulting outputs.

Attribution of Sources 

Giving credit to other's original work through attribution is fundamental to academic and scholarly work. GenAI models are trained on large amounts of text data from the internet, books, articles, and other sources. However, specific sources are not typically documented or easily traceable5 in a given output. This makes traditional scholarly attribution difficult or impossible. 

References

  1. Government of Canada, "Copyright and Moral Rights in Works" (2024). https://laws-lois.justice.gc.ca/eng/acts/C-42/page-2.html#h-102725
  2. Government of Canada,"A Consultation on a Modern Copyright Framework for Artificial Intelligence and the Internet of Things" (2021). https://ised-isde.canada.ca/site/strategic-policy-sector/en/marketplace-framework-policy/copyright-policy/consultation-modern-copyright-framework-artificial-intelligence-and-internet-things-0#s21
  3. Craig, Carys, "The AI-Copyright Challenge: Tech-Neutrality, Authorship, and the Public Interest" (2022). All Papers. 360. https://digitalcommons.osgoode.yorku.ca/all_papers/360
  4. CCH Canadian Ltd. v Law Society of Upper Canada, supra note 17; Setana Sport Limited v 2049630 Ontario Inc. (Verde Minho Tapas & Lounge), 2007 FC 899, at para. 4, Online: CanLII https://www.canlii.org/en/ca/fct/doc/2007/2007fc899/2007fc899.html?autocompleteStr=Setana%20Sport%20Limited%20v%202049630%20Ontario%20Inc&autocompletePos=1.
  5. Copyright Office University of Watrerloo, "Generative artificial intelligence" (2023) https://uwaterloo.ca/copyright-at-waterloo/teaching/generative-artificial-intelligence
Special thanks to Carleton University Library, University of Toronto Library and University of Waterloo's copyright office from which some of this content was adapted.
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