“In other words, as far as the US Copyright Office is concerned, output from programs like ChatGPT or Stable Diffusion are not eligible for copyright protection. Now, that could change if Congress gets involved (are they actually capable of doing anything?), or if the Supreme Court turned its collective back on decades of precedent (which, admittedly, has been happening recently). But unless something rather dramatic happens along these lines, the outputs of generative AI programs will continue to pass immediately into the public domain. Consequently, they will be open educational resources under the common definition….
Generative AI tools could have an incredible impact on the breadth and diversity of OER that exist, since they will dramatically decrease the cost and time necessary to create the informational resources that underlie these learning materials. Current funding for the creation of OER (when it’s available at all) typically focuses on the courses enrolling the largest number of students. This makes sense when your theory of philanthropy is that the money you spend should benefit the most people possible. But that theory of philanthropy also means that the “long tail” of courses that each enroll relatively few students are unlikely to ever receive funding. LLMs will radically alter the economics of creating OER, and should make it possible for OER to come to these courses as well. (And while LLMs will have a significant impact on the economics of creating OER, they may not have as dramatic an impact on the sustainability, maintenance, and upkeep of OER over time.)…”