HR And AI: Insights From The ChatGPT Class-Action Lawsuit

Aligning HR best practices with the legal landscape of AI

Artificial intelligence (AI) is not just a technology trend; it is an evolving legal landscape that human resources professionals cannot afford to overlook. The recent class-action lawsuit against OpenAI and ChatGPT, a text-generation AI model, underscores the complexities surrounding the use of AI, especially in the context of intellectual property rights. This lawsuit raises several pertinent questions for human resources (HR), including the need for copyright education, transparency in AI training, and the lawsuit's impact on HR training programs. 

Copyright Education for HR

HR is often at the forefront of navigating the ethical and legal aspects of technology adoption within an organization. However, the legal dimensions of AI are far from settled, making copyright education crucial for HR professionals. The challenge extends beyond merely understanding copyright laws. HR teams must also grapple with the intricacies of how these laws are morphing in the face of emerging technologies like AI.

Understanding intellectual property rights is no longer limited to the legal department; HR teams must also be educated on the latest copyright laws. Failure to do so can result in both legal repercussions and damage to a company's reputation. Employee onboarding and training modules must now include information on how to handle and source data responsibly, ensuring that copyrighted material is not misused. Furthermore, the proactive role of HR should involve constant updates and refresher courses, as copyright laws related to AI continue to evolve. 

Transparency in AI Training

Transparency is crucial when integrating AI into an organization's operations, especially when sourced data is being used to train the AI model. HR professionals need to understand the origins of this data to assess its reliability, ethical considerations, and legal restrictions. Moreover, due to the evolving nature of AI technology, it is important for HR professionals to revisit this information periodically to confirm that compliance is maintained as algorithms get updated.
 
When adopting an AI solution, HR should seek clear documentation from vendors about the sources and types of data used for training the model. Such transparency will allow HR professionals to make more informed decisions and potentially avoid legal issues like copyright infringement. Transparency is not merely a "nice-to-have"; it is an operational necessity to ensure that the organization does not unknowingly breach laws or ethical norms. 

Impact on HR Training Programs

The ChatGPT lawsuit serves as a wake-up call for organizations to scrutinize their HR training programs. There is an immediate need to incorporate AI ethics and compliance training, aimed at preparing HR professionals for the ethical and legal challenges posed by emerging technologies. This re-evaluation should not be a one-off event but an ongoing process, as legal precedents, like the OpenAI lawsuit, continue to redefine the ethical boundaries and legal frameworks of AI technologies.
 
Courses can be designed to include real-world examples, such as the OpenAI lawsuit, to instill a deeper understanding of the complexities involved. Beyond theoretical knowledge, these programs should also provide practical tools and guidelines on how to carry out due diligence when considering AI adoption. Emphasizing the practical application of these principles can equip HR professionals with the skills they need to act as gatekeepers for ethical and legal AI use within their organizations.
 
As AI continues to advance, so too must our understanding and best practices around its ethical and legal dimensions. The class-action lawsuit against OpenAI and ChatGPT serves as a crucial learning point, not merely as a case of legal dispute but as a marker for the uncharted territory that lies ahead in AI technologies. For HR professionals, it is a call to action to arm themselves and their organizations with the knowledge and tools to navigate this evolving landscape responsibly and effectively.

Jeff Pedowitz is the President & CEO of The Pedowitz Group (TPG), who is a distinguished revenue generation strategist with 25+ years of experience. As a captivating speaker and thought leader, Jeff shares insights on business transformation, digital innovation, and customer experience. His latest book, “AI Revenue Architect,” provides a comprehensive guide to leveraging artificial intelligence for driving revenue growth.