GenAI

The copyright issues surrounding the material used to train Gen AI algorithms are significant due to a lack of transparency about the sources. These systems generate unique content from copyrighted works without proper permissions, raising concerns about copyright infringement, plagiarism, and academic integrity.

When an end user inputs a text prompt into a GenAI system, their original expression might qualify as a copyright-protected literary work, giving them rights to their prompt. However, this doesn't mean they own the copyright for the AI-generated output.

If pasting any third-party material into a GenAI system, you should ensure it is either suitably licensed or that you have obtained permission from the rights owner.

Please note:

• University materials are considered third-party materials and require copyright clearance before they can be ingested into a GenAI tool.

Under Australian copyright law, a work will have copyright protection where it is:

• an original work of the author, and
• expressed in material form

Generally, under current Australian copyright law, a work that does not have a human author is not protected by copyright.

However, if creators using GenAI tools contribute "independent intellectual effort" to a work, it may qualify for copyright protection. The extent of contribution required is still uncertain. For instance, if a creator edits an image they produced using a GenAI tool, the human effort is likely sufficient for copyright. However, it's unclear if tasks like writing, tweaking and training the algorithm, or pre-selecting and editing GenAI output would qualify for copyright protection.

There is no legal requirement to acknowledge or reference GenAI outputs (other than for use in formal assessments). Nevertheless, it is recommended to attribute any use of GenAI to comply with academic standards and ensure transparency.