The rapid growth of generative AI has led to a flurry of activity, including the training of AI models on various types of content. Whether you are training models based on content you already possess or are newly acquiring, it is important to ensure you have the right to use that content for those intended purposes. The issues in each situation are fact dependent, including the nature of the content, how it was obtained, any agreements or policies relevant to such use, and for what the AI tool is used. Sometimes, with AI-based medical tools, other regulatory issues may be relevant. For example, see ChatGPT And Healthcare Privacy Risks. Another example is, if you are dealing with the government, other considerations may also be relevant. See ChatUSG: What government contractors need to know about AI. Training AI models for use in other regulated industries or uses may implicate other considerations.
For more details on these issues, and examples of cases where a company utilized customer data to train AI models/algorithms and their right to do so was questioned by the FTC or via a class action lawsuit, click here.