The proliferation of generative AI (GenAI) tools and services is changing academic teaching and research. As digital tool providers increase the availability of these technologies, academics find themselves at a crossroads. The benefits of GenAI tools, ranging from increased efficiency and improved data analysis to innovative content creation are undeniable. However, it’s crucial to explore the broader implications of integrating these tools into our academic practices.
Digital tool providers facilitate easy access to GenAI technologies, but this convenience often comes at a cost, with complex terms and conditions that users may accept without thorough scrutiny. These terms can significantly impact ownership rights, intellectual property (IP), and institutional control. This blog post will delve into the considerations for the academic sector when adopting GenAI tools and services, emphasising the importance of fully understanding the agreements we enter with these providers.
Understanding the functionality and risks of GenAI Tools
GenAI tools and services, require large datasets to function effectively. This data often includes text, images, voice recordings, and other forms of digital content. While the GenAI tools can greatly enhance teaching and research, there are inherent risks around the data we use with the tools. The dependence on data means that any content uploaded to tools or services could potentially be used to train or improve an AI model. This raises significant questions about data privacy, ownership, and the potential misuse of intellectual property.
Key Terms and Conditions to watch out for
When considering the use of GenAI tools and services, academics should be aware of various aspects of the terms and conditions. These include:
Ownership of work:
- Do you retain ownership of the work created using the tool?
- Does the service provider claim any rights over the content you produce?
- Can the provider reuse, modify, or distribute your work without your consent?
These questions are important because some tools may have clauses that allow the service provider to use the content generated through their platforms. This can lead to situations where your original work is no longer entirely under your control. Read the terms of service carefully. Some tools claim ownership of the work generated, while others may grant you full ownership. Be aware of clauses related to intellectual property rights.
Use of data for training:
- Is the work you create or the data you input being used to train the model?
- What happens to your data once it’s fed into the system?
Many GenAI service providers can include clauses that allow them to use your content as training data to improve their models. This practice, while beneficial for enhancing the tool’s performance, can lead to unintended consequences, such as weakened intellectual property rights or even the commercialisation of your work without proper attribution.
Intellectual Property Rights:
- What happens to your IP when you use tools?
- Does the GenAI service provider gain any IP rights over the work created?
- Can your work be used without acknowledgment of your contribution?
Academics need to be particularly cautious about clauses that could result in losing control over their intellectual contributions. The use of GenAI tools should not lead to a situation where your academic work is repurposed or commercialised without proper credit.
Institutional permissions and rights:
- Does your institution have any claims to the work you produce using GenAI?
- What permissions do you need from your institution before using GenAI tools?
Institutions may have their own policies regarding the use of GenAI, particularly in relation to the ownership of research outputs. It’s essential to understand these policies to avoid conflicts over who owns the rights to the work you produce with the help of GenAI. Understand your institutional policies on AI tool usage and ensure compliance with guidelines and protect institutional intellectual property.
Licensing and Compliance:
- Are the tools compliant with the licenses of any third-party content you use?
- Is there a risk that using tools could violate existing licenses?
When using licensed products and content to produce research or educational materials, there’s a risk that these could be used in ways not permitted by the licenses. Academics must ensure that the tools they use do not inadvertently breach licensing agreements, which could lead to legal challenges.
Permission to input student work:
- Do academics have permission to input student work into generative AI tools?
Most institutions have policies regarding the use of student work, particularly in relation to privacy and intellectual property. Academics need to ensure that these policies allow for student work to be shared with third-party services, such as generative AI tools. In many cases, explicit consent from students is required before their work can be used in ways that go beyond the original educational purpose. If academics plan to input student work into AI tools, it is best practice (and sometimes legally required) to obtain consent from students or their parent/legal guardian and inform them about how their work will be used and any associated risks. See our blog on for more information on age restrictions and consent.
If the AI tool’s terms allow it to use input data for model training, then any student work put into a system, could be used to improve the AI, even though this may not be the intention of the academic or the student. Academics should be cautious about this, particularly if the work contains sensitive or personally identifiable information. To protect student work from being used for training, academics should explore opt-out options, anonymise data where possible, and work with their institutions to ensure compliance with privacy laws and policies.
Critical questions for Lecturers and Researchers
Given the complexities of GenAI tool terms and conditions, lecturers and researchers should ask themselves the following questions before engaging with these tools:
- Do I own the rights to the work created with services, or does the service provider claim any ownership?
- Is my work or data being used to train the AI model, and do I consent to this?
- Will using GenAI tools compromise my intellectual property or confidentiality?
- Do I retain control over my voice, image, and other personal data used by the GenAI service?
- What rights do I have to co-created work with GenAI, and is my contribution acknowledged?
- Does my institution know and approve of the GenAI tools I’m using, and have they reviewed the associated risks?
- Are the tools compliant with the licenses of any third-party content I use in my work?
Conclusion
The adoption of GenAI tools and services in education and academia offers great potential, but it also brings significant risks. People must be vigilant in understanding the terms and conditions of these tools, particularly concerning ownership rights, intellectual property, and data usage. Institutions, too, have a role in providing clear guidelines and support to ensure that their academic staff can harness GenAI tools without compromising their rights or the integrity of their work. By asking the right questions and seeking clarity on terms and conditions, academics can navigate the complex landscape of GenAI with confidence, ensuring that they reap the benefits without falling into legal or ethical pitfalls.
By staying informed and proactive, academia can make the most of AI technologies while safeguarding their intellectual contributions and maintaining control over their academic output. For the future, institutions can help in providing more robust support systems for those in education navigating AI tools, including legal guidance and technical support. Addressing these questions and considerations will help academics and researchers make informed decisions when using AI tools, ensuring that their rights are protected while leveraging the benefits of AI in education.