AI and the Law: assistant or assassin? AI policies in higher education.

• In Event: Social Media and Crime

Abstract

Abstract
Artificial intelligence (AI) is reshaping how we teach at our HE institutions, especially in criminology and law. This presents significant challenges vis a vis intellectual property (IP) law, especially copyright. This paper will address key legal issues concerning AI-generated works by students and faculty staff and address legal, data protection (GDPR) and ethical issues, such as ‘who owns the copyright in AI-created works?’. Determining the copyright owner of AI-generated music is tricky: is it the creator of the AI tool, the individual or business which is using the tool, or, if separate, the individual user inputting the prompt? Arguably they are all ‘authors’ in UK copyright law, as section 9(3) of the Copyright Designs and Patents Act 1988 states, ‘by whom the arrangements necessary for the creation of the work are undertaken’. Generative AI (GenAI) is not only transforming the higher education sector, but also the legal sector, in courtrooms and legal practices across the globe. We will look at some examples of the wide-ranging applications across jurisdictions. It will be argued that AI assists lawyers and judges’ work, unlikely to replace or ‘assassinate’ them entirely. Whilst the legal and criminal justice industries’ adaptation to AI is fast moving, these require careful regulation and oversight from the state. The author of the paper will provide an example how her university implemented an AI policy for students as she was part of the task force on AI at Northeastern University (London/ Boston).

Author

• Ursula Smartt, Associate Professor of Law