Hello, ladies.
Welcome to the Hourly to
Exit podcast.
today we tackle artificial
intelligence.
Now, there's no one more surprised than
me that artificial intelligence
has become part of my life.
I am a proud technology Luddite.
if it was up to me, I'd still be
using a Blackberry.
To me, they're, the.
Things ever.
but there's no denying the
fact that AI is everywhere and we
can no longer put our heads in the
sand regarding this.
there are some dire concerns
regarding it.
I know that there are some tech
leaders who have gone so far as a
call for a pause in AI development.
I did not know.
I'd agree with Elon Musk.
Pretty much anything.
But I do agree on this point, today,
in fact, as I record this, there was an
article about an episode of the Joe
Rogan experience that was completely
AI generated, and apparently I've
not listened to it, but according
to the article, you could not
tell that it was.
The true thing, the true, recording,
live recording, and that's
kind of scary.
I have seen online.
completely.
AI created YouTube videos, so they use,
image and a voice stamp, and they're
able to create an entire video.
I will say that the AI generated YouTube
video that, I saw looked like it had
a few problems, but it's just a matter
of time before it will be truly
indistinguishable from live
recordings.
And so there are concerns.
Now I am not going to address
those issues.
They're beyond my expertise.
What we're gonna talk about today
is the issue that people have been
asking me, which is, what impact
will AI have on my intellectual
property?
people be, will I be replaced by?
So the answer to will you be
replaced by ai?
The answer to that is no.
as an expertise based service
provider, I understand your
concerns about the impact of AI on
your intellectual property, but
they aren't.
Any greater than kind of the general
of accessibility of our expertise
online these days.
So let's, just start from the beginning.
So let's look at how AI works.
when an ai, System like chat, g p T.
Now I'm going to talk about chat, g
p t mostly today.
That's the AI that I'm familiar with.
It's the one that is publicly available.
probably the most advanced publicly
available one.
There are others like Bard I believe,
and there's a couple, that
aren't as advanced as chat g b.
So if you've been fooling around with
it, the way I've been fooling around
with it, you've probably been doing
it on chat, G B T and that is, it
generates responses from available data.
So I understood that there was a
source of data.
That they copy from the internet
and then it's saved by, open ai,
that's the creator of Chat, G B T.
and that the date of that saving is
September, 2021.
So it doesn't know about
anything that's happened since
September, 2021.
And so to understand this a little
better, I asked Chad, G b t I
don't know if.
Had these conversations
with them.
I encourage you to go on if you haven't
and just ask some questions so you can
see how it works.
It's really.
interesting.
It is different than a Google inquiry.
It absolutely seems to be talking to
you that we call them conversations
or chats.
so I asked chat g p t for confirmation
about, what's the last copy of
the internet that it has, and so
it's response.
As an AI language model, I do not
browse or access the internet in
the same way that humans do, and I do
not have a quote.
Unquote copy of the internet.
Instead, I rely on my preexisting
knowledge base, which was last
updated based on data and information
available up to September, 2021.
So, this was, as of yesterday,
which would be, April 13th, 2023.
And so that will.
in the near future understand that
the next generation of AI will be
able to collect data in real time.
So it won't just be the preexisting
knowledge base that was loaded into it.
It will be able to comb the,
internet live to find its answers.
So obviously that will make it much
more powerful.
So the implications for you as
an expert.
First AI will be using your ip.
AI will be accessing any information
available on the web, so currently
available.
Assuming that it was downloaded, as
of September, 2021.
So the interesting thing about the
answer that it gave me that it
has a preexisting knowledge base.
Well, that means someone had to
load that on there.
It had to decide what
information they wanted to input.
So maybe your IP got into its
knowledge base, but maybe it didn't.
But when AI is able to just kind of
comb the, internet live, then obviously
it will be able to access whatever,
is publicly available on the.
And so that would include,
publications on your website and
other platforms.
And so while that may sound a little
bit terrifying, that happens without
AI right now.
I mean, Google and other, search
engines does live comb the internet
and can access your intellectual
property right now.
So it can find.
what you put on LinkedIn, it can
find out what's on your website.
It can find out, copies of,
your speeches on YouTube so people
can do that right now without ai.
And so if someone live, without any
intermediary, goes on the internet
and sees that you wrote something and
decides to write something similar,
We hear all the time about people are
copying my ideas.
There's nothing new about that.
so AI will be able to see what
you're doing and incorporate it
into an answer that they provide
But what we need to understand is
that in both cases, being inspired to
write something similar or even
stealing your ideas is not copyright
infringement.
copyright infringement is the
same, whether it's a human reading your
stuff and taking it, or AI reading
your stuff and taking it Copyright
infringement means that they
have to have ex to violate your
exclusive rights as a copyright.
So as a copyright owner, these
are your rights.
You have the exclusive right
to reproduce, distribute,
publicly, perform, and publicly
display your works.
So anyone who engages in any of
these activities without your
permission, they would be liable
for copyright infringement.
So copyright infringement
means that as the copyright owner, you
can show that one, you are the owner
of a valid copyright in the work in
question two, that the infringer
has actually copied your work
or a substantial portion of it.
And three, that the copying isn't
protected by an applicable defense
such as fair use.
if you have a question about
fair use, I have, written about it
and done a LinkedIn live about it,
which you can find.
but copyright infringement
again, is not about stealing your ideas,
but it is about actual copying.
And so if you can prove that they
actually copied your work, then
they would be able to take, you be
entitled to damage.
And I'm not gonna say that
proven copyright infringement
cases is easy.
It's not, it's complicated and it
typically involves a fair amount
of legal fees.
So you do need to make sure that
it is valuable enough to you to
devote those types of resources to.
Prosecuting an infringement case.
So, but if you are concerned about
the use of your IP by a third party,
whether that third party is human or
an AI tool, then you need to take
the steps required to protect it.
So if we go back to proving
infringement, you have to
be the valid, owner of a valid
copyright question.
Chain of title regarding ownership
starts from the time of creation.
So you'll hear me talk over and
over again about the importance of
your contracts and making sure that
you own things.
If you didn't create it personally, if
the third party created it for you,
if you created it in connection with
an engagement, then ownership
will depend on what those contracts.
And then, when you are the sole owner,
then registration.
So these are the two ways we make
sure that we have a defense.
we can, enforce our copyright
against third party infringers ownership
and registration.
and then, again, it would have to
be a copying of your work and not.
Taking the idea of your work.
So it is not in your power to
stop someone from accessing your IP
on the internet by humans or by ai,
but it is in your power to put the
pieces in place to put yourself in the
best position to enforce your rights
if it comes to that.
So on the other end of that is when
you're using ai, And AI is doing
work for you.
It will be accessing other people's
intellectual property on the
internet when it's creating
its responses.
Now, when you, go ahead and,
play with it, you will see it will
send you answers.
It does not provide any attribution.
So that is different than if you do
a Google search where you know
exactly where the information
is coming.
Here.
It just goes wherever it
goes and it's.
Knowledge base and finds answers, and
then it, sends it back to you in a,
if you asked for to write an article
for you or to write a script for you,
it will present it in that form and,
typically without attribution, so you
won't have any way of knowing where
that information is coming from.
So, That puts you in danger of
being a copyright infringer if you
don't know where that came from.
So I asked chat, G B T what to do if I'm
worried that it's response infringes
a third party's copyright, and its
response was this.
As an AI language model, I provide
responses based on my preexisting
knowledge and language
capabilities.
However, I am not able to
review or assess specific content
or material for potential copyright
infringement.
If you are concerned about
potential copyright infringement related
to your own content and material, you
may wanna consult with a legal
professional who can provide guidance
and advice specific to your situation.
They can review your material and
assess whether any potential
infringement has occurred or is
likely to occur.
In general, it is important to be
aware of copyright laws and to obtain
permission or authorization before
using or reproducing any copyrighted
material.
Additionally, it is advisable to seek
legal advice if you are uncertain about
whether your use of someone else's
copyrighted material may infringe on
their rights.
Well, in other words, user beware.
I mean, that's all very fine
to say, but if you have receiv.
A response that doesn't provide any
type of attribution.
All we know is it came from chat
GPTs preexisting knowledge base.
Like how does that tell me what
the source is?
How do I know if I need to,
if this is a potential copyright
infringement?
Again, you know, copyright
infringement requires copying
and not just inspiration or.
taking an idea.
So did they completely take
a whole chunk of somebody else's,
work and stick it in into your response?
Or did they, take a variety of sources
and kind of put them together in
a way that creates something new?
So if chat G p t Plagiarizes from
source materials, You won't know that
unless you do your own due diligence
and you are the one who'll be liable
for copyright infringement,
not chat.
G P T.
So if you plan to use AI for your
work, you need to use some sort of
plagiarism check, like Grammarly,
and you need to track your
process carefully to demonstrate
your unique input when you're
creating content.
So you can't just, copy and paste
what comes out of your AI chat.
There also are some privacy issues, so.
When I asked chat G b T, whether or
not the information I provide to it
becomes public.
The response was, your information
is not made public and is
kept confidential.
However, if you go to the fax page,
it warns you don't share any sensitive
information in your chats.
Your conversations may be reviewed
by RA ai trainers to improve our.
So remember the way that AI works
is that what you put into the chat
becomes part of its knowledge base,
cuz that's the only way that it can
continue to improve your responses.
So again, if you go in there and,
maybe you put in.
A draft of something and ask it to
improve the draft, it will, maybe you
put in notes, put some bullet points
in, and ask it to create an article
based on these bullet points.
It will use your bullet points.
It will use its preexisting
knowledge, and it will come
up with, a.
Something in article form and then you
say, eh, and you ask it to regenerate
and then it will go back and it
will improve on it.
And you'll see that each time you ask
it to regenerate, it gets better.
Cuz it kind of goes deeper into its,
knowledge base and it's got, what you
asked it to use as a starting point
and it gets better.
So somehow, What you have input
is being added to its knowledge
base, so it can give you better.
So, as a lawyer, you know, my ethical
duties means that I cannot share any
confidential client information with
a public, AI tool such as chat, G p T.
So I recommend the same diligence for
you with respect to your confidential
information, and of course,
your client's confidential
information.
You need to protect it and assume that
at some point, if not now, then
certainly later that anything that
you put into a chat will be accessible.
So finally, there is kind of the issue
about ownership of content that is
generated by ai.
So the US copyright office
is working out.
Whether content generated by AI
can be protected.
chat, G B t, says that the answers
are owned by the requester.
but that.
Make some assumptions that
I don't think you can rely on.
Again, we don't know the source
of the answers of the responses.
So without knowing that,
how can you know that you own it?
copyright law does not protect ideas.
It doesn't protect facts, it doesn't
protect information.
so a lot of AI generated responses
fall into those categories.
However, there are.
creative uses for ai.
sometimes, you can ask it to write a
poem or you can ask it to write a script
and you can, ask it to write songs.
And certainly there is AI that
can create, images and paintings
that would be considered original
and creative.
So there are some real valid
questions about ownership of AI
generated content.
I describe intellectual
property as the product of human
intellect, and AI is not human,
at least not yet.
At the beginning of ai, there had
to be humans.
There always has to be a human at the
very beginning of any idea, right?
at least a recorded idea.
so this is just, another one of
these conundrums that AI presents
to us that will need to be worked
out as AI becomes more prevalent.
So, When we talk about your
expertise, your intellectual
property and the dangers of it being
exposed in, more scenarios through
the use of ai.
I talk about the distinction between
a cook and a chef.
a cook can follow a recipe and produce
edible and maybe even delicious food.
However, a chef has that skill,
the experience, the creativity,
and the talent that makes people wanna
pay the big bucks to go join, to
pay them to, have that experience at
their restaurant.
So this is the same with your expertise,
so an AI solution?
Yes.
It can replicate, you know, run
of the mill.
Of what you do, it can scrape the
internet for freely available content.
AI is basically a generalist though,
and it doesn't understand the
nuances the way that an expert does.
And when it's scraping the
internet, it won't be able
to differentiate between, what is
thought leadership versus what is
just someone's random ramblings,
on the internet.
And so that is why today.
You'll get some nonsense answers
from AI cuz it, can find something
that matches your keywords, but it
can't tell whether or not this is
well-researched information or if
it's just something, someone's musings
so it cannot, kind of synthesize.
Experience the way that you can, I
mean, experience and being able to
kind of pull on that is a uniquely
human skill.
So it can only pull on what has been
recorded and it can't always apply.
Context either.
So as a chef, as the expert, you
know when to go with a standard
ingredients or when to add something
else, you can taste it and go, eh, it's
too sweet, it's too salty, and know how
to tweak it to make it taste better.
Another metaphor is with respect to,
the doctor-patient relationship.
Yes, AI can ask diagnostic
questions, it can review lab results,
and it can provide a, diagnosis
based on that and propose solutions
based on that.
What it can't do is it can't observe the
patient's demeanor.
is sweating, is their leg shaking?
can they notice that maybe it's, someone
who has a parent in the room with
them and asked, you know, can I talk
to, your son alone?
they can't ask the follow up questions.
They can't put him at ease.
Sometimes having your blood pressure
taken and you're like, you know, why
don't you lay down for a second and
we'll do it again.
These are a number of things that
require kind of the human touch.
And some people will accuse doctors of
not having a bedside manner, but most
doctors do have a bedside manner.
AI can never have a bedside
manner, right?
And so those things where you as an
expert can use your instinct.
To take, what you know about a client,
what you know about their, problems
they had with their last consultant.
these are things that AI cannot do.
So ai, yes, it can be an excellent
support for your work, but only you
kind of know how to tweak things
and make those little shifts
that come from years of experie.
So I had one more question for chat
and G B T and I asked it, can AI
take the place of a management
consultant?
And here was its answer.
AI can certainly provide valuable
insights and analysis that
can be useful for management
decision making, but it is unlikely
to completely replace the role
of a management consultant.
Management consultants bring
a range of skills and expertise
to the work, including strategic
planning, business analysis process,
improvement, and change manage.
They often work closely with clients
to understand their unique challenges
and provide customized solutions
that meet their specific need.
Management consultants also
typically have strong interpersonal
and communication skills, which
allow them to work effectively
with a wide range of stakeholders.
While AI can provide powerful
data analysis and insights, it may not
be able to replicate the nuanced
and contextual understanding that
a skilled management consultant
can provide.
Additionally, AI may have limitations
in its ability to understand and
respond to complex human factors such
as organizational culture, individual
personalities, and political dynamics.
Oh, that is so.
That being said, AI can certainly
be a valuable tool for management
consultants helping to automate certain
tasks and provide additional insights
that can inform the recommendations.
Ultimately, the most effective approach
is likely to be a combination of AI
and human expertise working together
to provide the most comprehensive
and effective solutions for.
Yeah, that is absolutely true.
So I am excited by AI's possibilities
to support us as experts in our work.
It is absolutely a time saver.
It is a wonderful resource, but
ultimately, without human touch, AI has
its limitations, so make it a
fantastic tool.
As part of your toolbox, how you
provide value to your clients,
how you make your business
more efficient and therefore
more profitable.
But I don't want you to worry about
it replacing you as an expert.
The key to working with A I protect
your original ip, protect it through
documentation.
Through registration and when you're
using AI as a resource, make sure
you are doing your diligence to make
sure that it has not plagiarized somebody
else's work.
So if you have any questions or
concerns about how AI impacts your
ip, you can contact me for consult.
And also don't forget the IP
tracker as a way to determine what steps
you need to take to protect yourself
and your ip.