43 Violating Intellectual Property Rights
Submitting a student’s work to AI could potentially violate intellectual property (IP) rights in several significant ways. One primary concern is the ownership of the work. Generally, students own the copyright to their creations unless they have explicitly transferred those rights. When an instructor submits the work to an AI system, it could be seen as an unauthorized use if it goes beyond what is covered by fair use or exceeds the permissions granted by the student. This unauthorized use is especially problematic if the AI system is external and the work is being shared outside the educational institution.
Another critical issue is the potential for commercial exploitation. Many AI systems are developed and maintained by commercial entities. If a student’s work is submitted to such a system, it might be used to improve the AI, which can be considered a form of commercial exploitation without proper compensation or credit to the student. This could violate the student’s intellectual property rights, as their work is being used for a purpose that benefits a commercial entity without their consent.
Data privacy is also closely linked to intellectual property rights. Students have a right to control who accesses their work and for what purposes. Submitting their work to an AI system without their explicit consent could infringe on these privacy rights. This is particularly concerning in educational settings, where the trust between students and instructors is paramount. Violating this trust by mishandling students’ intellectual property could have broader implications for their academic and professional futures.
Moreover, educational use exceptions under copyright law are limited and do not cover all possible uses of a work. If the use of an AI system falls outside these exceptions, it could constitute a violation. Additionally, if the AI creates derivative works based on the student’s submission, it might infringe on the student’s exclusive right to create such derivatives. This further complicates the issue, as it can lead to new, unauthorized works that still rely on the student’s original creation.
To avoid potential violations, instructors should take several proactive steps.
- Instructors should seek explicit permission from students before submitting their work to AI systems and ensure they understand and comply with the terms of service of the AI system being used.
- Utilize institutional resources that have clearer guidelines and protections for student work can mitigate risks.
- Educate students about how their work might be used and the potential implications.
This work was generated in collaboration with ChatGPT, an AI language model developed by OpenAI.
This work is licensed under CC BY 4.0