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AI Basics

Original creative works made by human authors have copyright protection; currently, artificial intelligence (AI) tools cannot own the copyright to works. While AI cannot be a copyright holder, the use of AI in machine learning, text and data mining, and creative production has been questioned. Does the use of AI that pulls from other, copyrighted sources infringe on their copyright? For now, the answer appears to be “it depends.” In higher education, faculty are figuring out how to ethically and sustainably use AI for teaching within copyright law; faculty authors are also considering how AI can factor in their publishing agreements. For example, training Large Language Models (LLMs) with open access content may fall under fair use, but using AI to make and sell a derivative of someone else’s copyrighted artwork would be copyright infringement. However, how courts decide to rule on intellectual property and copyright cases will continue to inform our understanding of AI and copyright.

The U.S. Copyright Office recently released a 3-part report on AI and copyright that addresses digital replicas, copyrightability, and generative AI training.

The Section above appears courtesy of University of Tennessee Copyright Libguide

Use of Generative AI in Scholarship

Individual journals will have their own policies regarding the use of generative AI on submitted manuscripts. Some will allow for its use in specific cases with author disclosure, while others may prohibit it entirely.

If AI was used in any part of the creation of your manuscript, including any graphics or auxiliary materials, make sure to review the desired journal’s AI policy before completing your submission. Be prepared to submit a disclosure outlining which AI tools were used, on which aspects of the manuscript, and how. (Check out the disclosure framework below to get started.)

Additional Resources