I was recently interviewed as a legal expert as part of a study conducted at Technical University of Munich (TUM) about the legal challenges and regulatory frameworks for the use of AI in EdTech (Education Tech).
This is an excerpt from this Interview about the output of generative AI under IP law and how to ensure compliance when using generative AI. Specifically, I answer the following two questions:
- How does IP law relate to AI-generated content?
- How can compliance be ensured when using generative AI (here in the context of EdTech)?
The 5 key takeaways:
- Enterprises should give their employees clear guidance on the use of generative AI.
- AI generated content (output of GenAI) is not protected under IP law in Germany.
- A new work created by a human based on AI generated content may however itself be protected under IP law.
- Output of generative AI that almost exactly matches a copyright protected work likely infringes on the rights of the copyright holder.
- Whether training AI on copyrighted work is covered by the derogation in § 44b Act on Copyright and Related Rights or also infringed copyright remains to be seen.
