On Tuesday Microsoft announced a new AI-fueled version of Bing, with updated terms of service that claim rights over what goes into and comes out of the AI. This is immensely important to marketers, as AI-generated output cannot be copyrighted, but may still violate other people's copyrights. Content creators and marketers risk losing control of their content, and with a lot at stake, expect a whole lot of lawyers to get involved.
The new terms state that by using the service, users give Microsoft license rights for any content they provide, post, input or submit to, or receive from the Online Services. Additionally, any "creations" generated by the AI can only be used for personal, non-commercial purposes, which may be at odds with the Copyright Office's ruling that AI creations can’t be copyrighted.
Business law attorney and founder of EPW Small Business Law PC, Elizabeth Potts Weinstein, says that Microsoft is likely trying to cover every angle since the law about AI is still in flux. Content that has a creative or artistic aspect and is non-generic can be protected by copyright, allowing the user to claim rights over it. However, Microsoft can still claim a license to use the content for the purpose of making it possible for the AI to perform its service. There is also the issue that Microsoft's terms of service may be overreaching, and the company might be considering launching a commercial version of their AI-powered services that will charge a fee for business users.
Microsoft declined to comment on the new terms of service, which can be found here. It is important to be aware of the implications of the new terms of service, as it could have a major impact on both users and content creators.
Originally reported by Martech: https://martech.org/new-tos-for-ai-powered-bing-poses-legal-issue/
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