Generative AI tools and Copyright Considerations

Generative AI (genAI) tools are evolving quickly and their impact on teaching, learning and research is significant, posing both opportunities and challenges. The following resource addresses copyright considerations for faculty, librarians, staff, and students at the University of Toronto. If you have questions about copyright or need further support, please contact us. 

The content of this page is evolving and subject to change. Last updated: December 20, 2024

On this page:

  1. Are there copyright considerations I need to think about when using Generative AI tools?
  2. Are there recommended genAI tools available at U of T? 
  3. Can I use full-text library licensed e-resources (such as journal articles or eBooks) in Generative AI tools like Chat GPT?  
  4. Can I use the full-text of openly licensed material (such as Creative Commons content) in Artificial Intelligence systems? 
  5. Are there other University of Toronto resources I can consult to learn more? 
  6. I need further guidance. Who can I consult?

Yes. There remains significant legal uncertainty with the use of Generative AI tools and copyright. This is an evolving area and our understanding will develop as new policies, regulations, and case law become settled.  

  • Input: The lawfulness of the use copyright-protected content in the training of AI models is a question currently being contested in courts and by policy-makers in many jurisdictions. There are several lawsuits originating from the US that allege Generative AI tools infringe copyright, and it remains unclear if and to what extent the fair use doctrine can be applied in the context of AI model development. In Canada, there also remains uncertainty regarding the extent to which existing exceptions in the copyright framework, such as fair dealing, apply to this activity.1 A whitepaper and the results of its latest round of consultations on copyright and Generative AI was published by the Government of Canada in June 2024 with a goal of continuing fact-finding work to inform copyright policy.2
  • Output: Authorship and ownership of works created by AI is unclear. Traditionally, Canadian law has indicated that an author must be a natural person (human) who exercises skill and judgement in the creation of a work.3  As there are likely to be varying degrees of human input in content generated, it is unclear in Canada how it will be determined who the appropriate author and owner of works are. More recently, the US Copyright Office has published the following guide addressing these issues: Copyright Registration Guidance for Works Containing AI-Generated Materials 

If you would like to use genAI tools for content generation, consider the following before doing so: 

  • Have an understanding that while you can use these tools to create content, you may not own or hold copyright in the works generated 
  • Be mindful of what you input into tools: never input confidential information or significant portions of intellectual property you do not have the rights or permissions to. All content entered may become part of the tool’s dataset and may inadvertently resurface in response to other prompts 
  • Review the terms of service of each tool: These terms will dictate use and ownership of input/output and they are subject to change without notice 
  • Be explicit in how you have used these tools in the creation of your work. Keep a record of prompts and any IP you have used in the creation of output. Review attribution guidelines according to the style guide you are using (refer to the Citing Sources library guide). If you are publishing your work, review any requirements or policies that address the use of generative AI tools in your research. These policies will indicate whether AI can be used and how the use of these tools should be disclosed.
  • Experiment with Microsoft Copilot. Visit https://ai.utoronto.ca/ and navigate to "Tools and Training". Eligible students, staff, faculty and librarians at the University of Toronto have access to a protected enterprise edition of Microsoft Copilot. You must be logged into your U of T account to use this version: https://teaching.utoronto.ca/tool-guides/microsoft-copilot. U of T’s protected enterprise edition of Microsoft Copilot is different than other genAI tools for a few reasons: 
    • The protected enterprise edition of Microsoft Copilot has been evaluated by U of T’s Information Security team and is considered safe for use with up to level 3 data.
    • Chat data is not saved, used to train models, or made available to Microsoft

Can I use full-text library licensed e-resources (such as journal articles or eBooks) in Generative AI tools like Chat GPT?  

Generally, no. The library signs contracts with different vendors and publishers, which set out specific terms and conditions that users are responsible for complying with when accessing content. While what is permitted is not uniform across all resources, most agreements do not allow for the uploading of copyright protected works to third-party platforms, including genAI tools. 

Consult UTL's How to use library licensed content resource for more information. 

What material can I use in a Generative AI tool? 

Consider using content that is openly licensed or in the public domain. The Creative Commons FAQs on AI and CC Licenses indicates that "if someone uses a CC-licensed work with any new or developing technology, and if copyright permission is required, then the CC license allows that use without the need to seek permission from the copyright owner so long as the license conditions are respected." Please refer to this Creative Commons resource for further guidance. You may also find the Internet Archive to be helpful for sourcing content.

If you would like assistance determining whether you can use content in Generative AI tools or would like access to larger quantities of textual data, please contact your liaison librarian for support with your request.  

Are there other University of Toronto resources I can consult to learn more?

The following U of T resources address genAI in research, teaching and learning: 

References

  1. ISED, "A Consultation on a Modern Copyright Framework for Artificial Intelligence and the Internet of Things" 2021, Online: ISED Canada https://ised-isde.canada.ca/site/strategic-policy-sector/en/marketplace…;
  2. ISED, "Consultation paper: Consultation on Copyright in the Age of Generative Artificial Intelligence," 2024, Online: ISED Canada https://ised-isde.canada.ca/site/strategic-policy-sector/en/marketplace-framework-policy/consultation-paper-consultation-copyright-age-generative-artificial-intelligence 
  3. CCH Canadian Ltd. v Law Society of Upper Canada, supra note 17; Setana Sport Limited v 2049630 Ontario Inc. (Verde Minho Tapas & Lounge), 2007 FC 899, at para. 4, Online: CanLII https://www.canlii.org/en/ca/fct/doc/2007/2007fc899/2007fc899.html?auto….

All content on this page is licensed under a CC BY 4.0 license.