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If an AI tool reproduces text, figures, data, or other material from your unpublished work, preserve the complete interaction and source files first. Then establish who controls the rights, review the tool terms and data settings that applied when the material was submitted, and contact the provider and the appropriate institutional offices. Notify coauthors, a supervisor, funder, journal, or publisher when an agreement or policy makes that relevant.
A matching output is evidence that merits investigation. It does not, by itself, prove how the system obtained the material, who owns it, that copyright infringement occurred, or that the provider is legally liable. The right response depends on your country, contracts, authorship, employment and funder terms, publication status, the way the system received the work, and whether the output was publicly distributed.
1. Preserve the interaction and the original work
Do not begin by repeatedly prompting the system, deleting the conversation, editing the manuscript, or posting the exchange publicly. Those actions can change the record or expose confidential material. Make a contemporaneous, read-only record of what happened.
Capture the AI exchange
- Save the exact prompt, the complete output, and any surrounding messages, including refusals or warnings.
- Record the date, time, and time zone; tool and model name or version if displayed; account or workspace; relevant settings; and the conversation or request identifier.
- Export the conversation if the service allows it, and take screenshots that show the interface and any visible URLs.
- Save the service’s terms, privacy notice, copyright policy, and data-control settings as they appeared at the time of the interaction. Policies can change.
- Note whether the material entered through an ordinary prompt, an uploaded file, a connected search or retrieval feature, an API, or a shared institutional workspace.
Preserve the comparison source
- Keep the manuscript, figure, dataset, code, lab notebook entry, or other source version that appears in the output.
- Retain earlier drafts, dated files, repository records, submission receipts, and correspondence showing when the work existed.
- Gather authorship, employment, collaboration, grant, data-use, and publication documents that may affect ownership or confidentiality.
- Make a side-by-side copy identifying exact or near-exact passages, unusual errors, distinctive wording, figure elements, or data values. Keep the unannotated originals unchanged.
This is practical incident preservation, not a formal legal checklist. If you later pursue a U.S. takedown request, the Copyright Office says the notice must identify the copyrighted work and the allegedly infringing material sufficiently for the service to locate it.
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2. Determine who controls the material
Before demanding deletion or alleging infringement, map the rights and duties attached to the source. The person who wrote a paper is not always the sole party authorized to act.
Review agreements and institutional rules
- Check employment, student, and visiting-researcher terms for inventions, copyright, confidential information, and institutional ownership.
- Review sponsored-research, collaboration, consortium, and data-use agreements, including obligations to a funder or data provider.
- Check coauthor arrangements and the journal, book, conference, or repository terms accepted when the work was submitted or posted.
- Identify privacy, human-subjects, export-control, security, or other restrictions that may apply to the underlying data.
Write down which person or organization can authorize a complaint, a license, a takedown notice, or disclosure of the source. If ownership is shared or uncertain, coordinate before making a public assertion.
Inspect the AI service terms in force at upload
Look for retention periods, model-training rights, human review, abuse-monitoring access, deletion mechanisms, enterprise or institutional settings, and opt-out procedures. A setting labelled “private” does not by itself establish that content was never retained, reviewed, or used for improvement. Preserve the wording and date of the terms you relied on rather than assuming the current policy was in force at the time.
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Columbia University’s Office of the Provost states: “Researchers must avoid uploading, or using as input, any unpublished research data or other Confidential Information into a Generative AI tool.” Oxford University guidance treats unpublished work and submitted manuscripts as material requiring careful judgment and says ordinary research-data management duties still apply when generative AI is used. Elsevier warns that uploading a manuscript or part of one can infringe authors’ confidentiality and intellectual-property rights, while Oxford University Press cautions that a tool may retain and train on uploaded content. These policies govern their own communities and publishing contexts; they are warnings about risk, not a universal rule for every service or institution.
3. Notify the right people without widening the disclosure
Ask the provider for a specific, factual response
Use the provider’s privacy, security, copyright, or support channel, following any prescribed format. Include only the information needed to identify the incident and source. Explain:
- what source work you control or are authorized to represent;
- where the matching output appeared, with the conversation or request identifier;
- the passages, figures, or data points that match and why they are distinctive;
- the date and account or workspace involved; and
- the action you are requesting.
Ask the provider to preserve relevant logs, explain whether the submitted material was retained or used, restrict further use where its controls allow, and describe its deletion, correction, appeal, or complaint process. Ask whether the output is hosted or visible to other users. Do not state that the model was trained on your manuscript unless evidence establishes that; the material could have entered through retrieval, an upload, another user, or an independent source.
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Contact institutional offices
Follow your local incident and confidentiality policy. Depending on the facts, the appropriate contacts may include research integrity, information security, privacy, technology transfer, records management, or institutional counsel. Give them the preserved record and a concise chronology. Limit circulation to people who need to know, particularly when the manuscript contains personal, security-sensitive, or embargoed information.
Coordinate with collaborators and publication contacts
Tell coauthors and the principal investigator when they share rights or responsibilities. Notify a funder, journal, or publisher if a contract, policy, disclosure duty, confidentiality commitment, or originality issue makes that necessary. Publisher guidance identifies risks from manuscript uploads, but it does not create one reporting rule for every journal or contract; check the terms governing your submission.
4. Evaluate what the output actually shows
Compare the preserved output with the source and classify the match. Verbatim sentences, a sequence of unusual errors, a distinctive figure, or a nonpublic data combination is generally more informative than a common phrase or a general scientific idea. Record how much is reproduced, whether the output was provided once or repeatedly, and whether anyone else could access or publish it.
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Do not infer the acquisition route from similarity alone
A close match can arise from several pathways:
- the system may have received the work in an upload or connected retrieval context;
- the material may have been included in training data or a licensed corpus;
- another user may have supplied or requested the text;
- a public version, preprint, grant abstract, or derivative document may have been available; or
- the output may be independently generated, especially where the language is conventional.
The U.S. Copyright Office’s May 9, 2025 pre-publication Part 3 report says, “Generative AI models sometimes output material that replicates or closely resembles copyrighted works.” That is an analysis of legal issues and examples, not a ruling about your incident. It supports treating a match as a serious lead while avoiding an unsupported claim that a particular manuscript was memorized.
Keep response routes distinct
| Route | What it can address | Important limitation |
|---|---|---|
| Immediate containment and evidence preservation | Protects the record, limits further disclosure, and supports later decisions. | It does not determine ownership or liability. |
| Provider privacy, security, copyright, or support process | May produce information, account-level controls, log preservation, or deletion of data where the terms permit. | The provider may not disclose internal details or be able to remove every generated response. |
| Institutional process | Can coordinate confidentiality, security, research-integrity, and contractual obligations. | Procedures and authority differ by institution and country. |
| Publisher or funder notification | Addresses submission, originality, embargo, grant, or disclosure duties. | Whether notice is required depends on the applicable agreement or policy. |
| Formal legal procedure | Can seek removal of qualifying material or pursue a claim in an appropriate forum. | Jurisdiction, ownership, defenses, and the nature of the output control eligibility; it is not interchangeable with a provider complaint. |
5. When a U.S. DMCA notice may fit
The Digital Millennium Copyright Act notice-and-takedown process is a U.S.-specific procedure for qualifying allegedly infringing material hosted by an online service. It is not a universal method for changing a model’s behavior, and it may not fit an answer that appeared only in a private conversation and is not hosted or publicly accessible.
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The U.S. Copyright Office’s Section 512 explanation says a notification should identify the copyrighted work, identify the allegedly infringing material and its location, provide contact information, state a good-faith belief that the use is unauthorized, and include an accuracy statement made under penalty of perjury plus authorization to act for the rights holder. Use the service’s designated-agent instructions and identify URLs or other location information precisely enough for the provider to find the material.
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What happens after a notice
A compliant notice can trigger expeditious removal or disabling of access. The affected user may submit a counter-notice. The Office describes a general restoration window of 10 to 14 business days after a counter-notice, unless the notice sender informs the provider that a court action has been filed. These are procedural time frames, not a prediction of success.
Other U.S. options and limits
Depending on the facts, a rights holder may consider federal court or the voluntary Copyright Claims Board, which the Copyright Office describes as covering eligible disputes up to $30,000. Verify current eligibility, filing rules, and jurisdiction before relying on either route. A U.S. procedure does not govern conduct in every country, and a notice cannot resolve disputed authorship, ownership, fair-use questions, or the source of a private model response by itself.
6. Can you make the AI company delete your unpublished work?
You can request deletion, restriction, or confirmation of processing, but whether the provider must or can comply depends on its terms, technical systems, applicable privacy and copyright law, and the way the content entered the service. A provider may distinguish between an uploaded file, account history, safety logs, backups, training data, and an already generated response. Ask which category is involved and what retention period or exception applies.
Request that relevant logs be preserved before deletion if you may need them for an institutional or legal review. At the same time, ask what immediate containment is available, such as disabling a shared link, removing an uploaded file, turning off training use for the account, or restricting workspace access. Obtain written confirmation of any action and its scope; do not assume that deleting a chat proves every copy was erased.
7. Avoid claiming ownership of the entire AI-generated response
Focus your complaint on the human-authored source and any protectable expression, figure, arrangement, or data that was copied into the output. The Copyright Office’s January 29, 2025 summary of Part 2 says an AI output is copyrightable only where a human author determined sufficient expressive elements; merely supplying prompts is not enough. Human creative selection, arrangement, editing, or modification can matter. Reporting a copied passage therefore does not automatically make the uncopied, machine-generated remainder exclusively yours.
8. Prevent a second disclosure
- Do not paste unpublished datasets, confidential peer-review material, identifiable participant information, or embargoed manuscripts into a tool unless an authorized agreement and approved control permit it.
- Use institutionally approved environments and understand whether administrators, vendors, reviewers, or model-improvement systems can access submissions.
- Apply your normal data-management, access-control, versioning, and retention rules when AI generates or processes research data.
- Validate AI-generated or AI-processed results as you would any other research output; check citations, calculations, provenance, and unusual wording.
- Before submission, read the target publisher’s current AI and confidentiality policy and keep a dated copy of the terms that governed your workflow.
9. A practical decision sequence
- Freeze the record: export the conversation, preserve the source version, record dates and settings, and stop unnecessary prompting.
- Map authority: identify authors, employers, institutions, funders, coauthors, and publishers with rights or duties.
- Read the applicable terms: capture retention, training, review, deletion, and dispute procedures as of the relevant date.
- Contain exposure: remove shared links or uploads where authorized while asking the provider to preserve logs.
- Escalate internally: contact the appropriate institutional offices and coordinate with collaborators.
- Choose an external route: send a focused provider request, notify a publisher or funder when required, and obtain jurisdiction-specific legal advice before a formal notice.
This sequence keeps an alarming output from becoming an avoidable loss of evidence or confidentiality while leaving room for the facts, contracts, and governing law to determine the next step.
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