Do your employees use AI tools like ChatGPT to complete their work?
Do you know what data they are inputting?
Do you check the source of any AI-generated work?
Today we’re talking about how AI generated content impacts intellectual property rights and what actions you can take to protect your organisation.
OWNERSHIP
The Copyright, Designs and Patents Act 1988 states that work created by an employee during their employment belongs to the employer. Simple and clear.
It also states that computer-generated work belongs to whoever arranged for the creation of that work. Not quite so clear cut.
✍️ ACTION
If your teams are regularly using AI in the workplace we’d recommend including a specific Intellectual Property (IP) clause in their employment contract (or updating the current one), clearly stating that all work generated by the employee, including any produced using AI, belongs to the employer.
CONFIDENTIALITY
Most employment contracts contain a generic confidentiality clause preventing employees from disclosing sensitive company information, but if this doesn’t directly refer to what is put into AI platforms then you could be leaving yourself open to data leaks and GDPR issues.
✍️ ACTION
Update the confidentiality clause to clearly state that confidential information should not be uploaded into any external platform or software without authorisation.
COPYRIGHT
There is always a chance that AI-generated content could contain data from a copyrighted source which has the potential to create serious legal issues for employers.
✍️ ACTION
If AI is regularly being used as a resource, especially if the output is being published to a wider audience, then it may be worth investing in a plagiarism detector that checks all content before it’s shared. Ultimately the employer is legally accountable.
If you’d like more detailed advice on the use of AI in your organisation, contact me to book a FREE 30-minute call today.
Employment solicitor supporting businesses and individuals with tailored employment law advice and HR solutions.
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