Category / BU research

Conversation article: How a New York Times copyright lawsuit against OpenAI could potentially transform how AI and copyright work

Professor Dinusha Mendis writes for The Conversation about the potential copyright implications of AI as a lawsuit is lodged by the New York Times against the creator of ChatGPT…

How a New York Times copyright lawsuit against OpenAI could potentially transform how AI and copyright work

Stas Malyarevsky / Shutterstock

Dinusha Mendis, Bournemouth University

On December 27, 2023, the New York Times (NYT) filed a lawsuit in the Federal
District Court in Manhattan against Microsoft and OpenAI, the creator of ChatGPT,
alleging that OpenAI had unlawfully used its articles to create artificial intelligence (AI) products.

Citing copyright infringement and the importance of independent journalism to democracy, the newspaper further alleged that even though the defendant, OpenAI, may have “engaged in wide scale copying from many sources, they gave Times content particular emphasis” in training generative artificial intelligence (GenAI) tools such as Generative Pre-Trained Transformers (GPT). This is the kind of technology that underlies products such as the AI chatbot ChatGPT.

The complaint by the New York Times states that OpenAI took millions of copyrighted news articles, in-depth investigations, opinion pieces, reviews, how-to guides and more in an attempt to “free ride on the Times’s massive investment in its journalism”.

In a blog post published by OpenAI on January 8, 2024, the tech company responded to the allegations by emphasising its support of journalism and partnerships with news organisations. It went on to say that the “NYT lawsuit is without merit”.

In the months prior to the complaint being lodged by the New York Times, OpenAI had entered into agreements with large media companies such as Axel-Springer and the Associated Press, although notably, the Times failed to reach an agreement with the tech company.

The NYT case is important because it is different to other cases involving AI and copyright, such as the case brought by the online photo library Getty Images against the tech company Stability AI earlier in 2023. In this case, Getty Images alleged that Stability AI processed millions of copyrighted images using a tool called Stable Diffusion, which generates images from text prompts using AI.

The main difference between this case and the New York Times one is that the newspaper’s complaint highlighted actual outputs used by OpenAI to train its AI tools. The Times provided examples of articles that were reproduced almost verbatim.

Use of material

The defence available to OpenAI is “fair use” under the US Copyright Act 1976, section 107. This is because the unlicensed use of copyright material to train generative AI models can serve as a “transformative use” which changes the original material. However, the complaint from the New York Times also says that their chatbots bypassed the newspaper’s paywalls to create summaries of articles.

Even though summaries do not infringe copyright, their use could be used by the New York Times to try to demonstrate a negative commercial impact on the newspaper – challenging the fair use defence.

ChatGPT
Giulio Benzin / Shutterstock

This case could ultimately be settled out of court. It is also possible that the Times’ lawsuit was more a negotiating tactic than a real attempt to go all the way to trial. Whichever way the case proceeds, it could have important implications for both traditional media and AI development.

It also raises the question of the suitability of current copyright laws to deal with AI. In a submission to the House of Lords communications and digital select committee on December 5, 2023, OpenAI claimed that “it would be impossible to train today’s leading AI models without copyrighted materials”.

It went on to say that “limiting training data to public domain books and drawings created more than a century ago might yield an interesting experiment but would not provide AI systems that meet the needs of today’s citizens”.

Looking for answers

The EU’s AI Act –- the world’s first AI Act –- might give us insights into some future directions. Among its many articles, there are two provisions particularly relevant to copyright.

The first provision titled, “Obligations for providers of general-purpose AI
models” includes two distinct requirements related to copyright. Section 1(C)
requires providers of general-purpose AI models to put in place a policy to respect EU copyright law.

Section 1(d) requires providers of general purpose AI systems to draw up and make publicly available a detailed summary about content used for training AI systems.

While section 1(d) raises some questions, section 1(c) makes it clear that any use of copyright protected content requires the authorisation of the rights holder concerned unless relevant copyright exceptions apply. Where the rights to opt out has been expressly reserved in an appropriate manner, providers of general purpose AI models, such as OpenAI, will need to obtain authorisation from rights holders if they want to carry out text and data mining on their copyrighted works.

Even though the EU AI Act may not be directly relevant to the New York Times complaint against OpenAI, it illustrates the way in which copyright laws will be designed to deal with this fast-moving technology. In future, we are likely to see more media organisations adopting this law to protect journalism and creativity. In fact, even before the EU AI Act was passed, the New York Times blocked OpenAI from trawling its content. The Guardian followed suit in September 2023 – as did many others.

However, the move did not allow material to be removed from existing training
data sets. Therefore, any copyrighted material used by the training models up until then would have been used in OpenAI’s outputs –- which led to negotiations between the New York Times and OpenAI breaking down.

With laws such as those in the EU AI Act now placing legal obligations on general purpose AI models, their future could look more constrained in the way that they use copyrighted works to train and improve their systems. We can expect other jurisdictions to update their copyright laws reflecting similar provisions to that of the EU AI Act in an attempt to protect creativity. As for traditional media, ever since the rise of the internet and social media, news outlets have been challenged in drawing readers to their sites and generative AI has simply exacerbated this issue.

This case will not spell the end of generative AI or copyright. However, it certainly raises questions for the future of AI innovation and the protection of creative content. AI will certainly continue to grow and develop and we will continue to see and experience its many benefits. However, the time has come for policymakers to take serious note of these AI developments and update copyright laws, protecting creators in the process.The Conversation

Dinusha Mendis, Professor of Intellectual Property and Innovation Law; Director Centre for Intellectual Property Policy and Managament (CIPPM), Bournemouth University, Bournemouth University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Recruiting : Faculty Research Staff Representatives 

The BU Research Staff Association (RSA) is a forum to promote research culture at BU. Research staff from across BU are encouraged to attend, to network with others researchers, disseminate their work, discuss career opportunities, hear updates on how BU is implementing the Research Concordat, and give feedback or raise concerns that will help to develop and support the research community at BU.

Recruiting FST and BUBS Faculty Research Staff Representatives

The Faculty RSA reps role is to support the Institutional reps with the running of the BU RSA, attending the Research Concordat Steering Group, and Faculty Research and Professional Practice Committee Meetings, to provide an update on the BU RSA and feedback any comments or concerns.

Eligible research staff are those on research-only contracts – fixed-term or open-ended employment (not PTHP/casual contracts) who have at least one year remaining on their contract at the time of recruitment.  

If you are interested in the FST rep or BUBS  rep role, please supply a few words to demonstrate your interest, availability in relation to the position to Researchdev@bournemouth.ac.uk by the 14/02/24.

Please contact your Faculty RSA reps to chat about it if you have any queries.

 

New book about EDI in health and biomed research careers is out!

Dr Ola Thomson of BUBS, People and Organisations, is pleased to announce her new book: “Nurturing equality, diversity and inclusion: Support for research careers in health and biomedicine”. The book is available as open access which means you can read it free of charge via Bristol University Press (Policy Press) – link here: https://bristoluniversitypress.co.uk/nurturing-equality-diversity-and-inclusion.

You can also order a hard copy of the book with 50% off until 21 January using code JAN50 at the checkout.

The book is co-authored with Prof. Rachael Gooberman-Hill of the Elizabeth Blackwell Institute for Health Research at the University of Bristol. The volume provides an overview of the state of EDI in research careers in health and biomedicine in the UK, and offers innovative organisational and individual strategies to nurture diversity in research institutions.

Today’s academic and research institutions recognise the importance of diverse research teams in health and biomedical science, in terms of the business case, social justice and the common good. This ‘go-to’ book familiarises readers with the key equality, diversity and inclusion (EDI) issues in relation to research careers and researcher development. Bringing together the challenges and solutions to EDI matters with an evidence-based approach in one volume, the book offers practical strategies and interventions for academic and research settings. This is an essential guide for equality planning team members, researchers, HRM officers and managers across academia and research.

ECR and Interdisciplinarity in the Medical Humanities

This ECR-focused event brings together researchers in Medical and Health Humanities at Bournemouth from across the faculties of Health & Social Science, Media & Communication and Science & Technology, inviting them to highlight and address the main challenges of working within this varied and interdisciplinary field.

It will feature an expert roundtable and open discussion, followed by breakout groups and opportunity for networking activity for ECRs.

Roundtable participants will be invited to speak for 5 minutes, drawing on their experience of research partnerships across disciplines. Suggested topics for speakers to address include, but are not limited to:

  • Research and knowledge exchange in MH
  • Publishing (choosing the right journal for MH research, collaborative writing)
  • Bidding (where to bid, what for and how to construct productive teams and partnerships)
  • How to work effectively together but also maintain a sense of disciplinary identity
  • What experiences have participants had and how has this affected your research career to date?
  • Imposter syndrome
  • Work/life balance

ECR and Interdisciplinarity in the Medical Humanities

Wed 21 Feb 2024 11:30 AM – 3:30 PM at Talbot Campus

This event is for BA ECR Network members only. You can join the network here  and book your place through the following linkTickettailor

 

ECR attendees will be invited to write and submit their questions for the panel in advance of the session, sending them by email to: RKEDF@bournemouth.ac.uk  – in the second phase of the event, ECR attendees will be put into breakout rooms to discuss how their own practice might address these challenges, identify areas of future support they require and reflect on their professional identity as an interdisciplinary researcher in this field.

For any further information please contact RKEDF@bournemouth.ac.uk

 

Intellectual Property for Academics – a ‘grand tour’ of IP

‘‘Intellectual Property for Academics’’

Wednesday 24th January 10:30 – 12:00Talbot Campus

A workshop presented by Dr Nicholas Malden, Partner at D Young&Co, a leading top-tier European intellectual property firm and Bournemouth University’s preferred choice for patent advice.

 

A person in a suit and tieDescription automatically generatedNick Malden has more than 18 years’ experience in intellectual property specialising in patents, in particular those concerned with electronics, physics, materials, medical devices, and software. Prior to joining D Young & Co he was a research associate at Manchester University, based at the Deutsches Elektronen-Synchrotron (DESY), in Hamburg, Germany.

 

Nick Malden will do a ‘grand tour’ of IP for academics, which will include:

  • A brief intro to IP and its value for the holder and wider society
  • Inventorship and ownership – What’s important and what are the considerations in research projects?
  • Third party IP rights – What are the considerations?
  • What needs to go in a patent application?
  • Patent filing versus trade secret versus disclosure – choices and consequences

This is a unique opportunity to listen to valuable discussions, ask questions and learn ‘‘the need to know’’ from an industry expert about IP from the academic perspective.

 

Reserve your place here under “Intellectual Property for Academics” in the drop down menu, as soon as possible

 

For any queries regarding the content of this session, please contact lhutchins@bournemouth.ac.uk, for any other information please email RKEDF @ RKE Development Framework

MIL Eco-Lab: Media & Information Literacy for Healthy Ecosystems

logo - science, health, and data communications research group

MIL Eco-Lab: Media & Information Literacy for Healthy Ecosystems

Cluster Lead: Julian McDougall

This new research cluster, located in SHDC, will generate and support research to inform policy and practice for the role of Media and Information Literacy (MIL) in: promoting societal resilience to misinformation; improving the health of communication ecosystems and supporting better health, science and data literacies.

This new cluster will form an MIL Eco-Lab to support and grow capacity for:

  • Research-informed MIL, working with a theory of change;
  • Education and training in MIL (including for better health and science communications);
  • Designing third spaces for MIL practice;
  • Evaluating MIL for ecosystem health (moving beyond solutionism, for positive consequences and social change);
  • Intersecting with the work of the Media and Information Literacy Alliance charity in advocacy spaces (including health, science and data communications).
  • Fostering productive inter-disciplinary and international environments for doctoral research in MIL and pioneering research in the field, where significant, for health, science and data communications.

Colleagues who are interested in finding out more about this cluster and discuss how your research can contribute, with no obligation to join, are invited to share your availability here for a zoom workshop later this month. And / or if you would like to chat about this 1-1, just email me and we can set that up.

Thanks for reading,

Julian

REF Impact Subcommittee Chair: call for EoIs

Help guide the university’s impact submission

The Chair of the REF Impact Subcommittee (RISC) has an important role to play in supporting preparations for the Engagement and Impact element of Bournemouth University’s (BU) REF2029 submission.

RISC reports on progress in the development of impact case studies and against impact strategies to the REF Committee, sharing intelligence from across BU and the wider HE sector, making recommendations on impact resourcing and ensuring evidence of impact is robustly recorded.

The Chair, who should be a member of the Professoriate, needs an institution-wide perspective on the development of impact case studies and the new impact narratives, and to ensure the subcommittee is effective in reviewing progress.

 Key responsibilities include:

  1. Chairing the quarterly RISC meetings.
  2. Ensuring discussion is fair, open and supportive.
  3. Providing guidance in determining where greatest resourcing and support may be required, according to progress updates from impact champions.
  4. Acting as champion for raising awareness across BU of the importance of REF impact case studies in relation to QR funding for the institution as a whole.

Application process:

Research Development and Support (RDS) runs an expression of interest (EoI) call, inviting all those who are interested to put forward a short case (one page maximum) outlining why they are interested and the knowledge, skills and experience they think they could bring to the role. Applications from underrepresented groups (e.g. women, minority ethnic, declared disability) are particularly welcome. The deadline is: 5pm, Monday 29th January.

EoIs are submitted to RDS (impact@bournemouth.ac.uk) and reviewed against the selection criteria detailed below by a gender-balanced selection panel comprising:

  • Chair of the REF Steering Group
  • Chair of the REF Committee
  • RDS representative

In the event of there being just one EoI received for a particular panel member role, the panel will still review it using the selection criteria to ensure the applicant is suitable for the role.

Further details on the role and selection criteria are here:

Chair REF Impact Subcommittee role descriptor

Process and criteria for RISC Chair recruitment

Selection criteria

The panel will give each EoI a score out of 15, based on how well they score against the criteria outlined below. These are equally weighted, with each criterion carrying a total possible score of 5. The panel will offer the role to the applicants with the highest ranked EoIs. A member of the panel will provide feedback to all applicants.

  • Knowledge and experience of REF and research impact (scored out of 5): The Chair/Deputy Chair are expected to have a thorough knowledge of the REF process, preparations and timeline and the requirements relating to the impact submission for REF2029. Ideally, they will have been involved in preparations for previous REF exercises or submitted an impact case study. It is expected that they will be practising researchers and will have a breadth of understanding of research across BU.
  • Experience of chairing meetings and reaching consensus to ensure sound decision-making (scored out of 5): The Chair/Deputy Chair will need to be able to chair meetings effectively and ensure prioritisation decisions are made in alignment with the requirements of the impact element of BU’s REF submission.
  • Plans for leading the impact agenda across the University (scored out of 5): The Chair/Deputy Chair are responsible for motivating the impact champions of each Unit of Assessment, as well as the wider research community, to optimise BU’s performance in the Engagement and Impact element of REF2029. They should have ideas for how they will do this.

Questions

Any queries regarding the process should be directed to impact@bournemouth.ac.uk. Specific questions about the Chair role should be directed to REF Committee Chair Professor Einar Thorson.

The Conversation: one-to-one training sessions available

BU is a partner of The Conversation, a news analysis and opinion website with content written by academics working with professional journalists. 

As a partner organisation, our academics and researchers can write for The Conversation on their areas of expertise. Conversation journalists are offering one-to-one training sessions for BU academics to understand more about The Conversation, or to discuss and pitch an article to them. 

Two training dates are available, on Wednesday 28 February from 2–4pm or Tuesday 19 March from 10:30am – 12:30pm.

You can book a fifteen minute session with a Conversation journalist using the links below: 

Book your place for 28 February 

Book your place for 19 March 

Why write for The Conversation? 

The Conversation is a great way to share research and informed comment on topical issues. Academics work with editors to write pieces, which can then be republished via a Creative Commons licence. Since we first partnered with The Conversation, articles by BU authors have had over 9.5 million reads and been republished by the likes of The iMetro, National Geographic Indonesia and the Washington Post.

You can learn more about working with The Conversation on the Research and Knowledge Exchange Sharepoint site. 

Free research impact training from Fast Track Impact

Free sessions from Fast Track Impact on preparing for REF2029, scoping an ethics of engagement and impact, integrating impact into your next funding bid and influencing policy. Book soon as some of these events only have a few spaces left.


Preparing for REF2029

Date: 5 February, 2024

Time: 10:00 – 13:00

This session will help you monitor, evaluate and evidence your impact.

Key benefits:

  • Learn about evidence-based principles for delivering research impact when you don’t have much time
  • Discover easy and quick-to-use templates you can use immediately to:
    • Prioritise who to engage with first
    • Create a powerful impact plan that will guarantee your research makes a difference without wasting your time
  • Learn how to monitor, evaluate and evidence impact convincingly in your case study
  • Discover easy and quick-to-use tools to fix problems with significance or reach in case studies
  • Find out what makes a 4* impact case study, based on research into high versus low-scoring cases in REF2014 and a worked example showing the anatomy of a 4* claim from REF2021
  • Discuss impact plans that might develop into REF2028 case studies with colleagues

Scoping an ethics of engagement and impact

Date: 26 February, 2024

Time: 13:00 – 14:00

  • As governments and funders around the world invest in the impact of research as an unquestioned good, there are growing concerns around the ethics of pursuing impact.
  • Should University ethics committees consider engagement and impact plans for projects that are working on controversial topics or with vulnerable groups – even if their research doesn’t involve human subjects and so would not normally fall under their jurisdiction?
  • How should researchers and their institutions manage issues such as:
    • Undeclared conflicts of interest (e.g., arising from funding and promotion outcomes from the Research Excellence Framework in the UK)
    • Positive bias in the presentation of impacts (e.g. research leading to economic impacts via questionable ethical practices that also led to significant harm to the environment or human rights), and
    • Concerns about how vulnerable individuals and groups have been used to generate or corroborate impacts?

Integrating impact into your next funding bid

Date: 20 May, 2024

Time: 10:00 – 12:00

Learn how to increase your success rates and integrate impact into your next research proposal

Key benefits:

  • Discuss insider tips and tricks, and get bid writing tools to help you co-produce your next proposal with the people most likely to benefit from your research. 
  • Discuss examples of impact sections from real cases for support 
  • Learn how to integrate impact convincingly with your proposal, using a mapping approach to ensure your impact goals map onto your impact problem statement, beneficiaries and impact generation activities, whilst managing risks and assumptions. 
  • Power all of this with a systematic stakeholder analysis and impact logic model that will make it easy to articulate specific and credible impacts.

Free training: Influencing policy

Date: 2 September, 2024

Time: 10:00 – 13:00

This session is based on research by Prof Reed and the latest evidence on how to get research evidence into policy.

Key benefits:

  • Discover quick and easy tools you can use immediately to:
    • Prioritise which policy actors to engage with first and how to instantly get their attention
    • Create a powerful impact plan that will guarantee your research makes a difference without wasting your time
  • Discuss how to design an effective policy brief, infographic or presentation 
  • Learn how to get your research into policy, wherever you work in the world, by building trust and working with intermediaries 
  • Be inspired by primary research and case studies

Free training: The Productive Researcher

Date: 2 December, 2024

Time: 10:00 – 13:00

Find out how you can become significantly more productive as a researcher in a fraction of your current working day.

Key benefits:

  • Leave with practical tools you can use immediately to prioritise limited time to achieve more ambitious career goals
  • Gain a deeper understanding of the values that underpin your work, and the reasons why you feel time pressured
  • Identify priorities that are as much about being as they are about doing, and that are stretching, motivational, authentic, relational and tailored to your unique strengths and abilities
  • Turn these into an “experiment” to make practical changes that create a positive feedback loop between your priorities and your motivation, so you can become increasingly focussed and productive

Call for EoIs: REF Institutional Statement Lead to drive REF 2029 preparations

Bournemouth University (BU) is preparing submissions for future REF exercises. An Institutional Level Statement was introduced as part of the submission for REF2021 and will form part of the formally assessed component for REF2029. BU has created an Institutional Statement Lead role. This will be recruited via an open and transparent process. All academic staff at Grade10+ have the opportunity to put themselves forward.

The Institutional Statement Lead is a significant commitment and will be recognised with a 0.2FT workload allocation (or job-share), and commensurate buyout return for the host department. The role is permanent, to be reviewed on an annual basis, and role holders can choose to step down at any time. Potential applicants should discuss their workload balance with their Head of Department before applying.

The Institutional Statement Lead undertakes a vital role in driving and delivering BU’s REF submission, influencing the University’s preparations, shaping an optimal submission, and ultimately having a significant effect on BU’s REF results.

Key responsibilities of the Institutional Statement Lead role include:

  1. Having an institutional outlook for the REF, i.e. aiming to optimise BU’s overall REF performance.
  2. Leading production of the Institutional Statement, bringing together content on People, Culture and Environment.
  3. Working with Academic and Professional Service Leads to optimise the Institutional Statement by working to mitigate weaknesses and to highlight strengths across all aspects of the submission.
  4. Working with UOA leaders to explore and understand the interrelationship of discipline-specific and Institutional level statements.
  5. Ensuring that the Institutional Statement undergoes rigorous review, in order to assess quality and areas of development prior to inclusion for REF.
  6. Working closely with RDS, who are managing the central REF preparation and submission process.
  7. Attend the REF Committee meetings.
  8. Working closely with RDS to respond audit queries.
  9. To undertake any other duties as requested by UET and RSG

Application process:

To apply, please submit a short statement (suggested length 300 words), explaining your interest in the role and what you could bring to it. Applications from underrepresented groups (e.g., minority ethnic, declared disability, women) are particularly welcome.

EoIs should be submitted to RDS (ref@bournemouth.ac.uk) by 5pm 26th January 2024.

EoIs will be reviewed against the selection criteria detailed in this document by a gender-balanced selection panel comprising the:

  • Associate Pro-VC Research and Knowledge Exchange
  • Chair of the REF Steering Group
  • RDS representative

The panel will invite those meeting the criteria to an interview. This process is applied consistently as per the process for UOA Leaders. In the event of there being just one EoI received for a role, the panel will still review it using the selection criteria to ensure the applicant is suitable for the role.

Selection criteria

The selection criteria are outlined below. The same criteria will be used at both EoI and interview stage. These are equally weighted, with each criterion carrying a total possible score of 10. The role will be offered to the highest scoring applicant. A member of the panel will provide feedback to all applicants.

  • Commitment, motivation and enthusiasm (scored out of 10): The REF Institutional Statement Lead is a significant commitment. The role holder needs to be willing and able to make this commitment. They need to be enthusiastic about the REF and boosting research performance.
  • Skills and knowledge (scored out of 10): The REF Institutional Statement Lead should bring with them skills and knowledge to optimise BU’s REF preparations and submission (e.g. knowledge of the REF process, expertise in research metrics, leadership experience, REF Panel membership experience, etc). It is expected that they will be practising researchers and will have a breadth of understanding of research across BU.
  • Plans for preparing the Institutional Statement and awareness of the potential challenges and opportunities (scored out of 10): The REF Institutional Statement Lead is responsible for driving and delivering the Institutional Statement, maintaining an institutional outlook to optimise BU’s overall REF performance. They should have ideas for how they will do this and the potential challenges and opportunities of this.

Further detail on the roles and selection criteria can be found here:

Role Descriptor

Process and criteria for selection

Questions

Questions regarding the process should be directed to RDS, ref@bournemouth.ac.uk. The REF Institutional Statement Lead specific questions should be directed to the Chair of RSG Professor Kate Welham.

Knowledge Exchange in Research

The Knowledge exchange in Research session, is aimed primarily at those in academic leadership roles including Deputy Deans and Heads of Department.

It is open for academics and researchers who want to explore ways of making the most from their research outcomes.

  • Consultancy and contract research
  • Enterprise
  • External engagement
  • CPD and Specialist Facilities

Prof Kate Welham will share their experience on knowledge exchange in research.

 

Wednesday 31st January, 13.30-15.00 at Talbot Campus

To book onto this session,  please complete the Booking form  under Introducing Knowledge Exchange in Research – 31/01/2024 in the drop-down menu.

For further information about the content of the session please contact Wendelin Morrison, KE Manager, RDS wsmorrison@bournemouth.ac.uk