‘ We all know AI models are being trained on copyrighted material without permission. Entire artistic styles like Studio Ghibli are being mimicked and commercialized. This is not fair use. It is unauthorized replication. The original style creators are not credited, not paid, not even informed…. This represents a massive transfer of value from IP creators and holders to AI companies. The economic implications extend throughout the entire knowledge economy, not just creative sectors.’ – Denis O.
𝐑𝐞𝐩𝐨𝐫𝐭 𝐨𝐧 𝐆𝐞𝐧𝐞𝐫𝐚𝐭𝐢𝐯𝐞 𝐀𝐈
On May 9, the U.S. Copyright Office, responsible for administering copyright laws and advising Congress, released the attached pre-publication version of its new report on Generative AI Training & Copyright, prepared in response to Congressional inquiries. Findings include:
𝐒𝐞𝐯𝐞𝐫𝐚𝐥 𝐮𝐬𝐚𝐠𝐞𝐬: “we conclude that several stages in the development of generative AI involve using copyrighted works in ways that implicate the owners’ exclusive rights” (e.g. reproducing datasets prior to training, during training, and when copying model weights)
𝐍𝐨 𝐋𝐞𝐚𝐫𝐧𝐢𝐧𝐠 𝐀𝐧𝐚𝐥𝐨𝐠𝐲: “AI learnings is different from human learning in ways that are material to the copyright analysis.” Thus, the ingestion of massive datasets by a machine is not equivalent to human learning.
𝐍𝐨 𝐅𝐚𝐢𝐫 𝐔𝐬𝐞: “making commercial use of vast troves of copyrighted works to produce expressive content that competes with them in existing markets [..] goes beyond established fair use boundaries.”
𝐋𝐢𝐦𝐢𝐭𝐞𝐝 𝐀𝐝𝐝𝐞𝐝 𝐕𝐚𝐥𝐮𝐞: “Not everyone agrees that further increases in data and test performance will necessarily lead to continued real world improvements in utility.”
𝐍𝐨 𝐎𝐩𝐭-𝐎𝐮𝐭 𝐑𝐞𝐠𝐢𝐦𝐞: “the Office agrees that requiring copyright owners to opt out is inconsistent with the basic principle that consent is required for uses within the scope of their statutory rights.”
𝐎𝐧 𝐂𝐨𝐥𝐥𝐞𝐜𝐭𝐢𝐯𝐞 𝐋𝐢𝐜𝐞𝐧𝐬𝐢𝐧𝐠 & 𝐀𝐧𝐭𝐢𝐭𝐫𝐮𝐬𝐭: “Collective licensing can play a significant role [T]here is nothing intrinsically anti-competitive about the collective, or even blanket, licensing.” (“DoJ to provide guidance, including on the benefit of an antitrust exemption in this context.”)
Resist AI 