Episode 41
E41: Can I Use AI, or Will AI Use Me?
AI is everywhere now.
You might now be fully aware of it, but you carry it in your pockets—our phones are built to understand users through data usage and the apps that we download make use of AI technology. In the workplace, the competition shifts not only in making sure employees are equipped, efficient, and accurate but that they are also fast and productive—and that’s where AI takes the center stage. Imagine: A report which takes an employee to write in one to two hours can be generated by AI in less than 5 minutes.
Truly, what AI can do is astounding. But it’s also scary. Comes with the rise of AI is a question we don’t want our lips to speak of but is an impending idea that must be addressed: are humans going to be replaced by robots or AI?
Learn how AI and humans can co-exist in this episode as I discuss:
- The role of artificial intelligence in a service-based industry
- The dangers of an exposed IP to AI tools like ChatGPT
- How to protect intellectual property from potential AI and other human infringers
I received many questions regarding the concerns about the rise of AI robots in the workflows. Feel free to reach out if there are anything you’d like us to look at to help you protect your assets and intellectual property.
Connect with Erin and find the resources mentioned in this episode at hourlytoexit.com/podcast.
Erin's LinkedIn Page: https://www.linkedin.com/in/erinaustin/
Think Beyond IP YouTube Page: https://www.youtube.com/channel/UCVztXnDYnZ83oIb-EGX9IGA/videos
Music credit: Yes She Can by Tiny Music
A Team Dklutr production
Transcript
Hello, ladies.
Speaker:Welcome to the Hourly to
Speaker:Exit podcast.
Speaker:today we tackle artificial
Speaker:intelligence.
Speaker:Now, there's no one more surprised than
Speaker:me that artificial intelligence
Speaker:has become part of my life.
Speaker:I am a proud technology Luddite.
Speaker:if it was up to me, I'd still be
Speaker:using a Blackberry.
Speaker:To me, they're, the.
Speaker:Things ever.
Speaker:but there's no denying the
Speaker:fact that AI is everywhere and we
Speaker:can no longer put our heads in the
Speaker:sand regarding this.
Speaker:there are some dire concerns
Speaker:regarding it.
Speaker:I know that there are some tech
Speaker:leaders who have gone so far as a
Speaker:call for a pause in AI development.
Speaker:I did not know.
Speaker:I'd agree with Elon Musk.
Speaker:Pretty much anything.
Speaker:But I do agree on this point, today,
Speaker:in fact, as I record this, there was an
Speaker:article about an episode of the Joe
Speaker:Rogan experience that was completely
Speaker:AI generated, and apparently I've
Speaker:not listened to it, but according
Speaker:to the article, you could not
Speaker:tell that it was.
Speaker:The true thing, the true, recording,
Speaker:live recording, and that's
Speaker:kind of scary.
Speaker:I have seen online.
Speaker:completely.
Speaker:AI created YouTube videos, so they use,
Speaker:image and a voice stamp, and they're
Speaker:able to create an entire video.
Speaker:I will say that the AI generated YouTube
Speaker:video that, I saw looked like it had
Speaker:a few problems, but it's just a matter
Speaker:of time before it will be truly
Speaker:indistinguishable from live
Speaker:recordings.
Speaker:And so there are concerns.
Speaker:Now I am not going to address
Speaker:those issues.
Speaker:They're beyond my expertise.
Speaker:What we're gonna talk about today
Speaker:is the issue that people have been
Speaker:asking me, which is, what impact
Speaker:will AI have on my intellectual
Speaker:property?
Speaker:people be, will I be replaced by?
Speaker:So the answer to will you be
Speaker:replaced by ai?
Speaker:The answer to that is no.
Speaker:as an expertise based service
Speaker:provider, I understand your
Speaker:concerns about the impact of AI on
Speaker:your intellectual property, but
Speaker:they aren't.
Speaker:Any greater than kind of the general
Speaker:of accessibility of our expertise
Speaker:online these days.
Speaker:So let's, just start from the beginning.
Speaker:So let's look at how AI works.
Speaker:when an ai, System like chat, g p T.
Speaker:Now I'm going to talk about chat, g
Speaker:p t mostly today.
Speaker:That's the AI that I'm familiar with.
Speaker:It's the one that is publicly available.
Speaker:probably the most advanced publicly
Speaker:available one.
Speaker:There are others like Bard I believe,
Speaker:and there's a couple, that
Speaker:aren't as advanced as chat g b.
Speaker:So if you've been fooling around with
Speaker:it, the way I've been fooling around
Speaker:with it, you've probably been doing
Speaker:it on chat, G B T and that is, it
Speaker:generates responses from available data.
Speaker:So I understood that there was a
Speaker:source of data.
Speaker:That they copy from the internet
Speaker:and then it's saved by, open ai,
Speaker:that's the creator of Chat, G B T.
Speaker:and that the date of that saving is
Speaker:September, 2021.
Speaker:So it doesn't know about
Speaker:anything that's happened since
Speaker:September, 2021.
Speaker:And so to understand this a little
Speaker:better, I asked Chad, G b t I
Speaker:don't know if.
Speaker:Had these conversations
Speaker:with them.
Speaker:I encourage you to go on if you haven't
Speaker:and just ask some questions so you can
Speaker:see how it works.
Speaker:It's really.
Speaker:interesting.
Speaker:It is different than a Google inquiry.
Speaker:It absolutely seems to be talking to
Speaker:you that we call them conversations
Speaker:or chats.
Speaker:so I asked chat g p t for confirmation
Speaker:about, what's the last copy of
Speaker:the internet that it has, and so
Speaker:it's response.
Speaker:As an AI language model, I do not
Speaker:browse or access the internet in
Speaker:the same way that humans do, and I do
Speaker:not have a quote.
Speaker:Unquote copy of the internet.
Speaker:Instead, I rely on my preexisting
Speaker:knowledge base, which was last
Speaker:updated based on data and information
Speaker:available up to September, 2021.
Speaker:So, this was, as of yesterday,
Speaker:which would be, April 13th, 2023.
Speaker:And so that will.
Speaker:in the near future understand that
Speaker:the next generation of AI will be
Speaker:able to collect data in real time.
Speaker:So it won't just be the preexisting
Speaker:knowledge base that was loaded into it.
Speaker:It will be able to comb the,
Speaker:internet live to find its answers.
Speaker:So obviously that will make it much
Speaker:more powerful.
Speaker:So the implications for you as
Speaker:an expert.
Speaker:First AI will be using your ip.
Speaker:AI will be accessing any information
Speaker:available on the web, so currently
Speaker:available.
Speaker:Assuming that it was downloaded, as
Speaker:of September, 2021.
Speaker:So the interesting thing about the
Speaker:answer that it gave me that it
Speaker:has a preexisting knowledge base.
Speaker:Well, that means someone had to
Speaker:load that on there.
Speaker:It had to decide what
Speaker:information they wanted to input.
Speaker:So maybe your IP got into its
Speaker:knowledge base, but maybe it didn't.
Speaker:But when AI is able to just kind of
Speaker:comb the, internet live, then obviously
Speaker:it will be able to access whatever,
Speaker:is publicly available on the.
Speaker:And so that would include,
Speaker:publications on your website and
Speaker:other platforms.
Speaker:And so while that may sound a little
Speaker:bit terrifying, that happens without
Speaker:AI right now.
Speaker:I mean, Google and other, search
Speaker:engines does live comb the internet
Speaker:and can access your intellectual
Speaker:property right now.
Speaker:So it can find.
Speaker:what you put on LinkedIn, it can
Speaker:find out what's on your website.
Speaker:It can find out, copies of,
Speaker:your speeches on YouTube so people
Speaker:can do that right now without ai.
Speaker:And so if someone live, without any
Speaker:intermediary, goes on the internet
Speaker:and sees that you wrote something and
Speaker:decides to write something similar,
Speaker:We hear all the time about people are
Speaker:copying my ideas.
Speaker:There's nothing new about that.
Speaker:so AI will be able to see what
Speaker:you're doing and incorporate it
Speaker:into an answer that they provide
Speaker:But what we need to understand is
Speaker:that in both cases, being inspired to
Speaker:write something similar or even
Speaker:stealing your ideas is not copyright
Speaker:infringement.
Speaker:copyright infringement is the
Speaker:same, whether it's a human reading your
Speaker:stuff and taking it, or AI reading
Speaker:your stuff and taking it Copyright
Speaker:infringement means that they
Speaker:have to have ex to violate your
Speaker:exclusive rights as a copyright.
Speaker:So as a copyright owner, these
Speaker:are your rights.
Speaker:You have the exclusive right
Speaker:to reproduce, distribute,
Speaker:publicly, perform, and publicly
Speaker:display your works.
Speaker:So anyone who engages in any of
Speaker:these activities without your
Speaker:permission, they would be liable
Speaker:for copyright infringement.
Speaker:So copyright infringement
Speaker:means that as the copyright owner, you
Speaker:can show that one, you are the owner
Speaker:of a valid copyright in the work in
Speaker:question two, that the infringer
Speaker:has actually copied your work
Speaker:or a substantial portion of it.
Speaker:And three, that the copying isn't
Speaker:protected by an applicable defense
Speaker:such as fair use.
Speaker:if you have a question about
Speaker:fair use, I have, written about it
Speaker:and done a LinkedIn live about it,
Speaker:which you can find.
Speaker:but copyright infringement
Speaker:again, is not about stealing your ideas,
Speaker:but it is about actual copying.
Speaker:And so if you can prove that they
Speaker:actually copied your work, then
Speaker:they would be able to take, you be
Speaker:entitled to damage.
Speaker:And I'm not gonna say that
Speaker:proven copyright infringement
Speaker:cases is easy.
Speaker:It's not, it's complicated and it
Speaker:typically involves a fair amount
Speaker:of legal fees.
Speaker:So you do need to make sure that
Speaker:it is valuable enough to you to
Speaker:devote those types of resources to.
Speaker:Prosecuting an infringement case.
Speaker:So, but if you are concerned about
Speaker:the use of your IP by a third party,
Speaker:whether that third party is human or
Speaker:an AI tool, then you need to take
Speaker:the steps required to protect it.
Speaker:So if we go back to proving
Speaker:infringement, you have to
Speaker:be the valid, owner of a valid
Speaker:copyright question.
Speaker:Chain of title regarding ownership
Speaker:starts from the time of creation.
Speaker:So you'll hear me talk over and
Speaker:over again about the importance of
Speaker:your contracts and making sure that
Speaker:you own things.
Speaker:If you didn't create it personally, if
Speaker:the third party created it for you,
Speaker:if you created it in connection with
Speaker:an engagement, then ownership
Speaker:will depend on what those contracts.
Speaker:And then, when you are the sole owner,
Speaker:then registration.
Speaker:So these are the two ways we make
Speaker:sure that we have a defense.
Speaker:we can, enforce our copyright
Speaker:against third party infringers ownership
Speaker:and registration.
Speaker:and then, again, it would have to
Speaker:be a copying of your work and not.
Speaker:Taking the idea of your work.
Speaker:So it is not in your power to
Speaker:stop someone from accessing your IP
Speaker:on the internet by humans or by ai,
Speaker:but it is in your power to put the
Speaker:pieces in place to put yourself in the
Speaker:best position to enforce your rights
Speaker:if it comes to that.
Speaker:So on the other end of that is when
Speaker:you're using ai, And AI is doing
Speaker:work for you.
Speaker:It will be accessing other people's
Speaker:intellectual property on the
Speaker:internet when it's creating
Speaker:its responses.
Speaker:Now, when you, go ahead and,
Speaker:play with it, you will see it will
Speaker:send you answers.
Speaker:It does not provide any attribution.
Speaker:So that is different than if you do
Speaker:a Google search where you know
Speaker:exactly where the information
Speaker:is coming.
Speaker:Here.
Speaker:It just goes wherever it
Speaker:goes and it's.
Speaker:Knowledge base and finds answers, and
Speaker:then it, sends it back to you in a,
Speaker:if you asked for to write an article
Speaker:for you or to write a script for you,
Speaker:it will present it in that form and,
Speaker:typically without attribution, so you
Speaker:won't have any way of knowing where
Speaker:that information is coming from.
Speaker:So, That puts you in danger of
Speaker:being a copyright infringer if you
Speaker:don't know where that came from.
Speaker:So I asked chat, G B T what to do if I'm
Speaker:worried that it's response infringes
Speaker:a third party's copyright, and its
Speaker:response was this.
Speaker:As an AI language model, I provide
Speaker:responses based on my preexisting
Speaker:knowledge and language
Speaker:capabilities.
Speaker:However, I am not able to
Speaker:review or assess specific content
Speaker:or material for potential copyright
Speaker:infringement.
Speaker:If you are concerned about
Speaker:potential copyright infringement related
Speaker:to your own content and material, you
Speaker:may wanna consult with a legal
Speaker:professional who can provide guidance
Speaker:and advice specific to your situation.
Speaker:They can review your material and
Speaker:assess whether any potential
Speaker:infringement has occurred or is
Speaker:likely to occur.
Speaker:In general, it is important to be
Speaker:aware of copyright laws and to obtain
Speaker:permission or authorization before
Speaker:using or reproducing any copyrighted
Speaker:material.
Speaker:Additionally, it is advisable to seek
Speaker:legal advice if you are uncertain about
Speaker:whether your use of someone else's
Speaker:copyrighted material may infringe on
Speaker:their rights.
Speaker:Well, in other words, user beware.
Speaker:I mean, that's all very fine
Speaker:to say, but if you have receiv.
Speaker:A response that doesn't provide any
Speaker:type of attribution.
Speaker:All we know is it came from chat
Speaker:GPTs preexisting knowledge base.
Speaker:Like how does that tell me what
Speaker:the source is?
Speaker:How do I know if I need to,
Speaker:if this is a potential copyright
Speaker:infringement?
Speaker:Again, you know, copyright
Speaker:infringement requires copying
Speaker:and not just inspiration or.
Speaker:taking an idea.
Speaker:So did they completely take
Speaker:a whole chunk of somebody else's,
Speaker:work and stick it in into your response?
Speaker:Or did they, take a variety of sources
Speaker:and kind of put them together in
Speaker:a way that creates something new?
Speaker:So if chat G p t Plagiarizes from
Speaker:source materials, You won't know that
Speaker:unless you do your own due diligence
Speaker:and you are the one who'll be liable
Speaker:for copyright infringement,
Speaker:not chat.
Speaker:G P T.
Speaker:So if you plan to use AI for your
Speaker:work, you need to use some sort of
Speaker:plagiarism check, like Grammarly,
Speaker:and you need to track your
Speaker:process carefully to demonstrate
Speaker:your unique input when you're
Speaker:creating content.
Speaker:So you can't just, copy and paste
Speaker:what comes out of your AI chat.
Speaker:There also are some privacy issues, so.
Speaker:When I asked chat G b T, whether or
Speaker:not the information I provide to it
Speaker:becomes public.
Speaker:The response was, your information
Speaker:is not made public and is
Speaker:kept confidential.
Speaker:However, if you go to the fax page,
Speaker:it warns you don't share any sensitive
Speaker:information in your chats.
Speaker:Your conversations may be reviewed
Speaker:by RA ai trainers to improve our.
Speaker:So remember the way that AI works
Speaker:is that what you put into the chat
Speaker:becomes part of its knowledge base,
Speaker:cuz that's the only way that it can
Speaker:continue to improve your responses.
Speaker:So again, if you go in there and,
Speaker:maybe you put in.
Speaker:A draft of something and ask it to
Speaker:improve the draft, it will, maybe you
Speaker:put in notes, put some bullet points
Speaker:in, and ask it to create an article
Speaker:based on these bullet points.
Speaker:It will use your bullet points.
Speaker:It will use its preexisting
Speaker:knowledge, and it will come
Speaker:up with, a.
Speaker:Something in article form and then you
Speaker:say, eh, and you ask it to regenerate
Speaker:and then it will go back and it
Speaker:will improve on it.
Speaker:And you'll see that each time you ask
Speaker:it to regenerate, it gets better.
Speaker:Cuz it kind of goes deeper into its,
Speaker:knowledge base and it's got, what you
Speaker:asked it to use as a starting point
Speaker:and it gets better.
Speaker:So somehow, What you have input
Speaker:is being added to its knowledge
Speaker:base, so it can give you better.
Speaker:So, as a lawyer, you know, my ethical
Speaker:duties means that I cannot share any
Speaker:confidential client information with
Speaker:a public, AI tool such as chat, G p T.
Speaker:So I recommend the same diligence for
Speaker:you with respect to your confidential
Speaker:information, and of course,
Speaker:your client's confidential
Speaker:information.
Speaker:You need to protect it and assume that
Speaker:at some point, if not now, then
Speaker:certainly later that anything that
Speaker:you put into a chat will be accessible.
Speaker:So finally, there is kind of the issue
Speaker:about ownership of content that is
Speaker:generated by ai.
Speaker:So the US copyright office
Speaker:is working out.
Speaker:Whether content generated by AI
Speaker:can be protected.
Speaker:chat, G B t, says that the answers
Speaker:are owned by the requester.
Speaker:but that.
Speaker:Make some assumptions that
Speaker:I don't think you can rely on.
Speaker:Again, we don't know the source
Speaker:of the answers of the responses.
Speaker:So without knowing that,
Speaker:how can you know that you own it?
Speaker:copyright law does not protect ideas.
Speaker:It doesn't protect facts, it doesn't
Speaker:protect information.
Speaker:so a lot of AI generated responses
Speaker:fall into those categories.
Speaker:However, there are.
Speaker:creative uses for ai.
Speaker:sometimes, you can ask it to write a
Speaker:poem or you can ask it to write a script
Speaker:and you can, ask it to write songs.
Speaker:And certainly there is AI that
Speaker:can create, images and paintings
Speaker:that would be considered original
Speaker:and creative.
Speaker:So there are some real valid
Speaker:questions about ownership of AI
Speaker:generated content.
Speaker:I describe intellectual
Speaker:property as the product of human
Speaker:intellect, and AI is not human,
Speaker:at least not yet.
Speaker:At the beginning of ai, there had
Speaker:to be humans.
Speaker:There always has to be a human at the
Speaker:very beginning of any idea, right?
Speaker:at least a recorded idea.
Speaker:so this is just, another one of
Speaker:these conundrums that AI presents
Speaker:to us that will need to be worked
Speaker:out as AI becomes more prevalent.
Speaker:So, When we talk about your
Speaker:expertise, your intellectual
Speaker:property and the dangers of it being
Speaker:exposed in, more scenarios through
Speaker:the use of ai.
Speaker:I talk about the distinction between
Speaker:a cook and a chef.
Speaker:a cook can follow a recipe and produce
Speaker:edible and maybe even delicious food.
Speaker:However, a chef has that skill,
Speaker:the experience, the creativity,
Speaker:and the talent that makes people wanna
Speaker:pay the big bucks to go join, to
Speaker:pay them to, have that experience at
Speaker:their restaurant.
Speaker:So this is the same with your expertise,
Speaker:so an AI solution?
Speaker:Yes.
Speaker:It can replicate, you know, run
Speaker:of the mill.
Speaker:Of what you do, it can scrape the
Speaker:internet for freely available content.
Speaker:AI is basically a generalist though,
Speaker:and it doesn't understand the
Speaker:nuances the way that an expert does.
Speaker:And when it's scraping the
Speaker:internet, it won't be able
Speaker:to differentiate between, what is
Speaker:thought leadership versus what is
Speaker:just someone's random ramblings,
Speaker:on the internet.
Speaker:And so that is why today.
Speaker:You'll get some nonsense answers
Speaker:from AI cuz it, can find something
Speaker:that matches your keywords, but it
Speaker:can't tell whether or not this is
Speaker:well-researched information or if
Speaker:it's just something, someone's musings
Speaker:so it cannot, kind of synthesize.
Speaker:Experience the way that you can, I
Speaker:mean, experience and being able to
Speaker:kind of pull on that is a uniquely
Speaker:human skill.
Speaker:So it can only pull on what has been
Speaker:recorded and it can't always apply.
Speaker:Context either.
Speaker:So as a chef, as the expert, you
Speaker:know when to go with a standard
Speaker:ingredients or when to add something
Speaker:else, you can taste it and go, eh, it's
Speaker:too sweet, it's too salty, and know how
Speaker:to tweak it to make it taste better.
Speaker:Another metaphor is with respect to,
Speaker:the doctor-patient relationship.
Speaker:Yes, AI can ask diagnostic
Speaker:questions, it can review lab results,
Speaker:and it can provide a, diagnosis
Speaker:based on that and propose solutions
Speaker:based on that.
Speaker:What it can't do is it can't observe the
Speaker:patient's demeanor.
Speaker:is sweating, is their leg shaking?
Speaker:can they notice that maybe it's, someone
Speaker:who has a parent in the room with
Speaker:them and asked, you know, can I talk
Speaker:to, your son alone?
Speaker:they can't ask the follow up questions.
Speaker:They can't put him at ease.
Speaker:Sometimes having your blood pressure
Speaker:taken and you're like, you know, why
Speaker:don't you lay down for a second and
Speaker:we'll do it again.
Speaker:These are a number of things that
Speaker:require kind of the human touch.
Speaker:And some people will accuse doctors of
Speaker:not having a bedside manner, but most
Speaker:doctors do have a bedside manner.
Speaker:AI can never have a bedside
Speaker:manner, right?
Speaker:And so those things where you as an
Speaker:expert can use your instinct.
Speaker:To take, what you know about a client,
Speaker:what you know about their, problems
Speaker:they had with their last consultant.
Speaker:these are things that AI cannot do.
Speaker:So ai, yes, it can be an excellent
Speaker:support for your work, but only you
Speaker:kind of know how to tweak things
Speaker:and make those little shifts
Speaker:that come from years of experie.
Speaker:So I had one more question for chat
Speaker:and G B T and I asked it, can AI
Speaker:take the place of a management
Speaker:consultant?
Speaker:And here was its answer.
Speaker:AI can certainly provide valuable
Speaker:insights and analysis that
Speaker:can be useful for management
Speaker:decision making, but it is unlikely
Speaker:to completely replace the role
Speaker:of a management consultant.
Speaker:Management consultants bring
Speaker:a range of skills and expertise
Speaker:to the work, including strategic
Speaker:planning, business analysis process,
Speaker:improvement, and change manage.
Speaker:They often work closely with clients
Speaker:to understand their unique challenges
Speaker:and provide customized solutions
Speaker:that meet their specific need.
Speaker:Management consultants also
Speaker:typically have strong interpersonal
Speaker:and communication skills, which
Speaker:allow them to work effectively
Speaker:with a wide range of stakeholders.
Speaker:While AI can provide powerful
Speaker:data analysis and insights, it may not
Speaker:be able to replicate the nuanced
Speaker:and contextual understanding that
Speaker:a skilled management consultant
Speaker:can provide.
Speaker:Additionally, AI may have limitations
Speaker:in its ability to understand and
Speaker:respond to complex human factors such
Speaker:as organizational culture, individual
Speaker:personalities, and political dynamics.
Speaker:Oh, that is so.
Speaker:That being said, AI can certainly
Speaker:be a valuable tool for management
Speaker:consultants helping to automate certain
Speaker:tasks and provide additional insights
Speaker:that can inform the recommendations.
Speaker:Ultimately, the most effective approach
Speaker:is likely to be a combination of AI
Speaker:and human expertise working together
Speaker:to provide the most comprehensive
Speaker:and effective solutions for.
Speaker:Yeah, that is absolutely true.
Speaker:So I am excited by AI's possibilities
Speaker:to support us as experts in our work.
Speaker:It is absolutely a time saver.
Speaker:It is a wonderful resource, but
Speaker:ultimately, without human touch, AI has
Speaker:its limitations, so make it a
Speaker:fantastic tool.
Speaker:As part of your toolbox, how you
Speaker:provide value to your clients,
Speaker:how you make your business
Speaker:more efficient and therefore
Speaker:more profitable.
Speaker:But I don't want you to worry about
Speaker:it replacing you as an expert.
Speaker:The key to working with A I protect
Speaker:your original ip, protect it through
Speaker:documentation.
Speaker:Through registration and when you're
Speaker:using AI as a resource, make sure
Speaker:you are doing your diligence to make
Speaker:sure that it has not plagiarized somebody
Speaker:else's work.
Speaker:So if you have any questions or
Speaker:concerns about how AI impacts your
Speaker:ip, you can contact me for consult.
Speaker:And also don't forget the IP
Speaker:tracker as a way to determine what steps
Speaker:you need to take to protect yourself
