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22 Nw. J. Tech. & Intell. Prop. 1 (2024-2025)

handle is hein.journals/nwteintp22 and id is 1 raw text is: Copyright 2024 by Joseph J. Avery, Patricia Sanchez Abril, Alissa del Riego Volume 22, Number 1 (2024) Northwestern Journal of Technology and Intellectual Property ATTRIBUTING Al AUTHORSHIP: TOWARDS A SYSTEM OF ICONS FOR LEGAL AND ETHICAL DISCLOSURE Joseph J. Avery,* Patricia Sdnchez Abril** & Alissa del Riego*** ABSTRACT-Over the past year, the pervasive role of large language models (LLMs) and artificial intelligence (Al) in text generation has precipitated concerns about ethical usage, authorship, and transparent attribution. This has been true in legal practice, academia, and the corporate world, as well as in countless other arenas. In this Article, we identify the gap that has opened between those demanding proper disclosure (we should know when and to what extent Al is an author) and those struggling to respond to these demands. Part of the problem is that there is no system in place, no lingua franca, no set of norms for such disclosure. In the early aughts, a similar gap threatened copyright law, and legal scholars forged a solution in the Creative Commons. Now, with a similar form but distinct substance and function, we introduce the AIA (Artificial Intelligence Attribution), a system that properly and seamlessly attributes Al text authorship. The system involves the use ofbadges that delineate the nature ofAl involvement from research to writing to editing. In addition to illing the fundamental gap identified above, the benefits of the AIA vis-a-vis generative Al are at least threefold: (i) minimizing legal risk attendant to AI's use (i.e., legal exposure stemming from contracts, consumer protection, and intellectual property); (ii) managing public perception of Al use; and (iii) facilitating ethical behavior. We discuss these benefits from both theoretical and empirical lenses. By 'empirical, we are referring to original experimental research that we conducted to vet the AIA. Our findings suggested that use of the AIA, which enhanced attribution ofAl authorship, may improve public perception and reduce legal risk. After discussing these benefits, we present three examples as to how AIA badges would look in * Assistant Professor, University of Miami Herbert Business School, University of Miami Department of Psychology. J.D., Columbia Law School; Ph.D., Princeton University, M.A., Princeton University; B.A., New York University. ** Interim Dean, University of Miami School of Law; Professor, University of Miami Herbert Business School. J.D., Harvard Law School; B.A., Duke University. *** Assistant Professor, University of Miami Herbert Business School. J.D., Harvard Law School; B.A., University of Miami. The Authors would like to thank Hannah Kuker for her invaluable research assistance, specifically her assistance in creating the badges illustrated herein. 1

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