Banner Image

Copyright @ NSCC

Copyright information for NSCC faculty, staff and students.

Using Generative AI and Copyright Considerations

Copyright and Generative AI (also referred to as Large Language Models or LLMs)

Are there copyright considerations I need to think about when using Generative AI tools?

  • Yes. Generative AI tools are developed using large datasets, which include copyrighted material.1 This may influence the outputs resulting in the inclusion of copyrighted works. When utilizing Generative AI tools be aware that the outputs may mirror existing copyrighted works.
    1See AI issues page for more information about legal actions related to the use of copyright protected content in building LLMs..

Legal Challenges

See the AI issues page for examples of ongoing copyright and AI legal disputes.

Using Generative AI*

Consider the following before using generative AI tools:

  • You may not own or hold copyright in the works generated.
  • Do not input:
    • Confidential information
    • Intellectual property you do not have the rights or permissions to (including but not limited to) journal articles, book chapters, faculty teaching materials, student work and library licensed resources.
    • Your own materials when you wish to maintain control over their distribution and use.
  • Note: All content entered may become part of the tool’s dataset and may resurface in response to other prompts.

Be explicit in how you have used these tools in the creation of your work.

  • Keep a record of prompts and any IP you have used in the creation of output.
  • Review attribution guidelines according to the style guide you are using -- see Citing Sources on the NSCC APA Guide.
  • If you are publishing your work, review any requirements or policies that address the use of generative AI tools in your research. These policies will indicate whether AI can be used and how the use of these tools should be cited and disclosed.

Artificial Intelligence and Canadian Legislation

  • Copyright Act & Consultation on AI and Copyright
    The Government of Canada conducted a public consultation on Copyright in the Age of Generative Artificial Intelligence in 2023.
    Amendments to the Copyright Act that address copyright and AI are expected as the alternative is to leave it to legal disputes and the courts for clarification.

  • Voluntary Code of Conduct on the Responsible Development and Management of Advanced Generative AI Systems

    • The code is intended to apply to generative AI systems that have advanced capabilities enabling them to be adapted for a wide variety of uses in different contexts, including uses for which they were not specifically trained. Systems such as ChatGPT, Midjourney, Bard, and Llama are good examples of the types of systems that should be subject to the measures outlined in this code.

  • Artificial Intelligence and Data Act (AIDA)
    • Currently, there is no regulatory framework in Canada specific to AI.
    • A proposed Artificial Intelligence and Data Act (AIDA) was introduced as part of the Digital Charter Implementation Act, 2022.
      It is still at the committee level and it It is unclear when AIDA will come into effect.

Creation Note: The Copyright and Ai Guides of other post-secondary institutions were consulted in the creation of this guide.Sections of the University of Toronto and UBC AI and Copyright pages were adapted and integrated into this content.