61 intelligence. This is undoubtedly a creative solution designed to reduce users’ concerns and encourage the use of Microsoft’s artificial intelligence engines. However, as in any other legal situation, it is very worthwhile to read the fine print and understand the scope and limitations of the defense that Microsoft offers. Will other platforms fall in line with Microsoft’s approach? Time will tell. The bottom line: What uses of AI works are permitted? So what uses are permitted of works created by artificial intelligence? Well, it depends on quite a few factors such as the type of work, its legal status (protected/free for use) and its content. For example, the law regarding a protected work is different from that of a work that is already in the public domain, certainly for the purpose of training artificial intelligence. In parallel, you need to check the platform’s terms of use - does this platform prohibit commercial use? The content of the work is also meaningful. Thus, for example, a photo of a canine astronaut wearing Adidas shoes may be very creative and original, but in the same breath may violate the Adidas trademark and expose you legally. Alternatively, a wonderful painting of a famous person may violate that famous person’s right to publicity. Another question that must be asked is whether the work is derived from other protected works. That is, does the wonderful text I created through ChatGPT suffer from over-similitude to other texts that I used as references? All these answers will have an impact on the final conclusion. A number of useful tips In order for you to successfully navigate the AI era, here are a number of useful tips to help you reduce legal exposure and maximize the ability to protect your works: 1. Carefully read the terms of use of AI generator platforms - These are in actuality your “game rules”. Play according to the rules and you will be able to significantly reduce legal exposure. Pay particular attention to the question of whether the platform disclaims all responsibility or whether it, like Microsoft, assumes all responsibility, and whether there are limitations on the way that created works can be used. 2. Take an active part in the creative process - Be as specific and detailed as possible in the guidance given to the AI. It is worthwhile to take an active part in creating by doing your own editing of the initial product, by editing the language and the graphics, editing different elements, integrating other works (of course it is preferable that these be original), etc.
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