Thousands of authors demand payment from AI companies for use of copyrighted works::Thousands of published authors are requesting payment from tech companies for the use of their copyrighted works in training artificial intelligence tools, marking the latest intellectual property critique to target AI development.
How can they prove that not some abstract public data has been used to train algorithms, but their particular intellectual property?
there are a lot of possible ways to audit an AI for copyrighted works, several of which have been proposed in the comments here, but what this could lead to is laws requiring an accounting log of all material that has been used to train an AI as well as all copyrights and compensation, etc.
Personally speaking, I’ve generated some stupid images like different cities covered in baked beans and have had crude watermarks generate with them where they were decipherable enough that I could find some of the source images used to train the ai. When it comes to photo realistic image generation, if all the ai does is mildly tweak the watermark then it’s not too hard to trace back.
Not without some seriously invasive warrants! Ones that will never be granted for an intellectual property case.
Intellectual property is an outdated concept. It used to exist so wealthier outfits couldn’t copy your work at scale and muscle you out of an industry you were championing.
It simply does not work the way it was intended. As technology spreads, the barrier for entry into most industries wherein intellectual property is important has been all but demolished.
i.e. 50 years ago: your song that your band performed is great. I have a recording studio and am gonna steal it muahahaha.
Today: “anyone have an audio interface I can borrow so my band can record, mix, master, and release this track?”
Intellectual property ignores the fact that, idk, Issac Newton and Gottfried Wilhelm Leibniz both independently invented calculus at the same time on opposite ends of a disconnected globe. That is to say, intellectual property doesn’t exist.
Ever opened a post to make a witty comment to find someone else already made the same witty comment? Yeah. It’s like that.
Spoken by someone who has never had something you’ve worked years on, be stolen.
deleted by creator
What was “stolen” from you and how?
Spoken like someone who is having trouble admitting they’re standing on the shoulders of Giants.
I don’t expect a nuanced response from you, nor will I waste time with folks who can’t be bothered to respond in any form beyond attack, nor do I expect you to watch this
Intellectual property died with the advent of the internet. It’s now just a way for the wealthy to remain wealthy.
I think that to protect creators they either need to be transparent about all content used to train the AI (highly unlikely) or have a disclaimer of liability, wherein if original content has been used is training of AI then the Original Content creator who have standing for legal action.
The only other alternative would be to insure that the AI specifically avoid copyright or trademarked content going back to a certain date.
Why a certain date? That feels arbitrary
At a certain age some media becomes public domain
Then it is no longer copywrited
I’d think that given the nature of the language models and how the whole AI thing tends to work, an author can pluck a unique sentence from one of their works, ask AI to write something about that, and if AI somehow ‘magically’ writes out an entire paragraph or even chapter of the author’s original work, well tada, AI ripped them off.
Well, if you ask e.g. ChatGPT for the lyrics to a song or page after page of a book, and it spits them out 1:1 correct, you could assume that it must have had access to the original.
You know what would solve this? We all collectively agree this fucking tech is too important to be in the hands of a few billionaires, start an actual public free open source fully funded and supported version of it, and use it to fairly compensate every human being on Earth according to what they contribute, in general?
Why the fuck are we still allowing a handful of people to control things like this??
Because the tech behind it isn’t cheap and money does not fall from trees.
No entity on the planet has more money than our governments. It’d be more efficient for a government to fund this than any private company.
The government and efficiency don’t go together
Plenty of research shows that each dollar into government programs gets much more returns than private companies. This literally a neolib propaganda talking point.
Because we shy away from responsibility.
I think the longer response to this is more accurate. It’s more “because capitalism” than anything else.
And capitalism over the course of the 20th century made very successful attempts of alienating completely the working class and destroying all class consciousness or material awareness.
So people keep thinking that the problems is we as individuals are doing capitalism wrong. Not capitalism.
You think it is so simple you can just download it and run it on your laptop?
You kind of can though? The bigger models aren’t really more complicated, just bigger. If you can cram enough ram or swap into a laptop,
lamma.cpp
will get there eventually.
Someone should AGPL their novel and force the AI company to open source their entire neural network.
There is already a business model for compensating authors: it is called buying the book. If the AI trainers are pirating books, then yeah - sue them.
There are plagiarism and copyright laws to protect the output of these tools: if the output is infringing, then sue them. However, if the output of an AI would not be considered infringing for a human, then it isn’t infringement.
When you sell a book, you don’t get to control how that book is used. You can’t tell me that I can’t quote your book (within fair use restrictions). You can’t tell me that I can’t refer to your book in a blog post. You can’t dictate who may and may not read a book. You can’t tell me that I can’t give a book to a friend. Or an enemy. Or an anarchist.
Folks, this isn’t a new problem, and it doesn’t need new laws.
It’s 100% a new problem. There’s established precedent for things costing different amounts depending on their intended use.
For example, buying a consumer copy of song doesn’t give you the right to play that song in a stadium or a restaurant.
Training an entire AI to make potentially an infinite number of derived works from your work is 100% worthy of requiring a special agreement. This even goes beyond simple payment to consent; a climate expert might not want their work in an AI which might severely mischatacterize the conclusions, or might want to require that certain queries are regularly checked by a human, etc
The thing is, copyright isn’t really well-suited to the task, because copyright concerns itself with who gets to, well, make copies. Training an AI model isn’t really making a copy of that work. It’s transformative.
Should there be some kind of new model of renumeration for creators? Probably. But it should be a compulsory licensing model.
Copyright also deals with derivative works.
Derivative and transformative are quite different though.
Challenge level impossible: try uploading something long to amazon written by chatgpt without triggering the plagiarism detector.
My point is that the restrictions can’t go on the input, it has to go on the output - and we already have laws that govern such derivative works (or reuse / rebroadcast).
When you sell a book, you don’t get to control how that book is used.
This is demonstrably wrong. You cannot buy a book, and then go use it to print your own copies for sale. You cannot use it as a script for a commercial movie. You cannot go publish a sequel to it.
Now please just try to tell me that AI training is specifically covered by fair use and satire case law. Spoiler: you can’t.
This is a novel (pun intended) problem space and deserves to be discussed and decided, like everything else. So yeah, your cavalier dismissal is cavalierly dismissed.
No, you misunderstand. Yes, they can control how the content in the book is used - that’s what copyright is. But they can’t control what I do with the book - I can read it, I can burn it, I can memorize it, I can throw it up on my roof.
My argument is that the is nothing wrong with training an AI with a book - that’s input for the AI, and that is indistinguishable from a human reading it.
Now what the AI does with the content - if it plagiarizes, violates fair use, plagiarizes- that’s a problem, but those problems are already covered by copyright laws. They have no more business saying what can or cannot be input into an AI than they can restrict what I can read (and learn from). They can absolutely enforce their copyright on the output of the AI just like they can if I print copies of their book.
My objection is strictly on the input side, and the output is already restricted.
Makes sense. I would love to hear how anyone can disagree with this. Just because an AI learned or trained from a book doesn’t automatically mean it violated any copyrights.
The base assumption of those with that argument is that an AI is incapable of being original, so it is “stealing” anything it is trained on. The problem with that logic is that’s exactly how humans work - everything they say or do is derivative from their experiences. We combine pieces of information from different sources, and connect them in a way that is original - at least from our perspective. And not surprisingly, that’s what we’ve programmed AI to do.
Yes, AI can produce copyright violations. They should be programmed not to. They should cite their sources when appropriate. AI needs to “learn” the same lessons we learned about not copy-pasting Wikipedia into a term paper.
It’s specifically distribution of the work or derivatives that copyright prevents.
So you could make an argument that an LLM that’s memorized the book and can reproduce (parts of) it upon request is infringing. But one that’s merely trained on the book, but hasn’t memorized it, should be fine.
But by their very nature the LLM simply redistribute the material they’ve been trained on. They may disguise it assiduously, but there is no person at the center of the thing adding creative stokes. It’s copyrighted material in, copyrighted material out, so the plaintiffs allege.
They don’t redistribute. They learn information about the material they’ve been trained on - not there natural itself*, and can use it to generate material they’ve never seen.
- Bigger models seem to memorize some of the material and can infringe, but that’s not really the goal.
This is a little off, when you quote a book you put the name of the book you’re quoting. When you refer to a book, you, um, refer to the book?
I think the gist of these authors complaints is that a sort of “technology laundered plagiarism” is occurring.
Copyright 100% applies to the output of an AI, and it is subject to all the rules of fair use and attribution that entails.
That is very different than saying that you can’t feed legally acquired content into an AI.
However, if the output of an AI would not be considered infringing for a human, then it isn’t infringement.
It’s an algorithm that’s been trained on numerous pieces of media by a company looking to make money of it. I see no reason to give them a pass on fairly paying for that media.
You can see this if you reverse the comparison, and consider what a human would do to accomplish the task in a professional setting. That’s all an algorithm is. An execution of programmed tasks.
If I gave a worker a pirated link to several books and scientific papers in the field, and asked them to synthesize an overview/summary of what they read and publish it, I’d get my ass sued. I have to buy the books and the scientific papers. STEM companies regularly pay for access to papers and codes and standards. Why shouldn’t an AI have to do the same?
If I gave a worker a pirated link to several books and scientific papers in the field, and asked them to synthesize an overview/summary of what they read and publish it, I’d get my ass sued. I have to buy the books and the scientific papers.
Well, if OpenAI knowingly used pirated work, that’s one thing. It seems pretty unlikely and certainly hasn’t been proven anywhere.
Of course, they could have done so unknowingly. For example, if John C Pirate published the transcripts of every movie since 1980 on his website, and OpenAI merely crawled his website (in the same way Google does), it’s hard to make the case that they’re really at fault any more than Google would be.
well no, because the summary is its own copyrighted work
The published summary is open to fair use by web crawlers. That was settled in Perfect 10 v Amazon.
Haven’t people asked it to reproduce specific chapters or pages of specific books and it’s gotten it right?
I haven’t been able to reproduce that, and at least so far, I haven’t seen any very compelling screenshots of it that actually match. Usually it just generates text, but that text doesn’t actually match.
Gotcha. This seems like a good way to test for it then, I think.
There is already a business model for compensating authors: it is called buying the book. If the AI trainers are pirating books, then yeah - sue them.
That’s part of the allegation, but it’s unsubstantiated. It isn’t entirely coherent.
It’s not entirely unsubstantiated. Sarah Silverman was able to get ChatGPT to regurgitate passages of her book back to her.
I don’t know if this holds water though. You don’t need to trail the AI on the book itself to get that result. Just on discussions about the book which for sure include passages on the book.
Her lawsuit doesn’t say that. It says,
when ChatGPT is prompted, ChatGPT generates summaries of Plaintiffs’ copyrighted works—something only possible if ChatGPT was trained on Plaintiffs’ copyrighted works
That’s an absurd claim. ChatGPT has surely read hundreds, perhaps thousands of reviews of her book. It can summarize it just like I can summarize Othello, even though I’ve never seen the play.
While I am rooting for authors to make sure they get what they deserve, I feel like there is a bit of a parallel to textbooks here. As an engineer if I learn about statics from a text book and then go use that knowledge to he’ll design a bridge that I and my company profit from, the textbook company can’t sue. If my textbook has a detailed example for how to build a new bridge across the Tacoma Narrows, and I use all of the same design parameters for a real Tacoma Narrows bridge, that may have much more of a case.
You have a point but there’s a pretty big difference between something like a statistics textbook and the novel “Dune” for instance. One was specifically written to teach mostly pre-existing ideas and the other was created as entertainment to sell to a wide an audience as possible.
I think that these are fiction writers. The maths you’d use to design that bridge is fact and the book company merely decided how to display facts. They do not own that information, whereas the Handmaid’s Tale was the creation of Margaret Atwood and was an original work.
But you paid for the textbook
Libraries exist
Plagiarism filters frequently trigger on chatgpt written books and articles.
So what’s the difference between a person reading their books and using the information within to write something and an ai doing it?
Because AIs aren’t inspired by anything and they don’t learn anything
What does inspiration have to do with anything? And to be honest, humans being inspired has led to far more blatant copyright infringement.
As for learning, they do learn. No different than us, except we learn silly abstractions to make sense of things while AI learns from trial and error. Ask any artist if they’ve ever looked at someone else’s work to figure out how to draw something, even if they’re not explicitly looking up a picture, if they’ve ever seen a depiction of it, they recall and use that. Why is it wrong if an AI does the same?
Language models actually do learn things in the sense that: the information encoded in the training model isn’t usually* taken directly from the training data; instead, it’s information that describes the training data, but is new. That’s why it can generate text that’s never appeared in the data.
- the bigger models seem to remember some of the data and can reproduce it verbatim; but that’s not really the goal.
A person is human and capable of artistry and creativity, computers aren’t. Even questioning this just means dehumanizing artists and art in general.
Not being allowed to question things is a really shitty precedent, don’t you think?
Do you think a hammer and a nail could do anything on their own, without a hand picking them up guiding them? Because that’s what a computer is. Nothing wrong with using a computer to paint or write or record songs or create something, but it has to be YOU creating it, using the machine as a tool. It’s also in the actual definition of the word: art is made by humans. Which explicitly excludes machines. Period. Like I’m fine with AI when it SUPPORTS an artist (although sometimes it’s an obstacle because sometimes I don’t want to be autocorrected, I want the thing I write to be written exactly as I wrote it, for whatever reason). But REPLACING an artist? Fuck no. There is no excuse for making a machine do the work and then to take the credit just to make a quick easy buck on the backs of actual artists who were used WITHOUT THEIR CONSENT to train a THING to replace them. Nah fuck off my guy. I can clearly see you never did anything creative in your whole life, otherwise you’d get it.
Nah fuck off my guy. I can clearly see you never did anything creative in your whole life, otherwise you’d get it.
Oh, right. So I guess my 20+ year Graphic Design career doesn’t fit YOUR idea of creative. You sure have a narrow life view. I don’t like AI art at all. I think it’s a bad idea. you’re a bit too worked up about this to try to discuss anything. Not to excited about getting told to fuck off about an opinion. This place is no better than reddit ever was.
Of course I’m worked up. I love art, I love doing art, i have multiple friends and family members who work with art, and art is the last genuine thing that’s left in this economy. So yeah, obviously I’m angry at people who don’t get it and celebrate this bullshit just because they are too lazy to pick up a pencil, get good and draw their own shit, or alternatively commission what they wanna see from a real artist. Art was already PERFECT as it was, I have a right to be angry that tech bros are trying to completely ruin it after turning their nose up at art all their lives. They don’t care about why art is good? Ok cool, they can keep doing their graphs and shit and just leave art alone.
All this copyright/AI stuff is so silly and a transparent money grab.
They’re not worried that people are going to ask the LLM to spit out their book; they’re worried that they will no longer be needed because a LLM can write a book for free. (I’m not sure this is feasible right now, but maybe one day?) They’re trying to strangle the technology in the courts to protect their income. That is never going to work.
Notably, there is no “right to control who gets trained on the work” aspect of copyright law. Obviously.
There is nothing silly about that. It’s a fundamental question about using content of any kind to train artificial intelligence that affects way more than just writers.
I seriously doubt Sarah Silverman is suing OpenAI because she’s worried ChatGPT will one day be funnier than she is. She just doesn’t want it ripping off her work.
What do you mean when you say “ripping off her work”? What do you think an LLM does, exactly?
In her case, taking elements of her book and regurgitating them back to her. Which sounds a lot like they could be pirating her book for training purposes to me.
How do you know they didn’t just buy the book?
Again, that’s not relevant.
Quoting someone’s book is not “ripping off” the work.
How is it able to quote the book? Magic?
So you’re saying that as long as they buy 1 copy of the book, it’s all good?
No, I’m not saying that. If she’s right and it can spit out any part of her book when asked (and someone else showed that it does that with Harry Potter), it’s plagiarism. They are profiting off of her book without compensating her. Which is a form of ripping someone off. I’m not sure what the confusion here is. If I buy someone’s book, that doesn’t give me the right to put it all online for free.
I don’t know how I feel about this honestly. AI took a look at the book and added the statistics of all of its words into its giant statistic database. It doesn’t have a copy of the book. It’s not capable of rewriting the book word for word.
This is basically what humans do. A person reads 10 books on a subject, studies become somewhat of a subject matter expert and writes their own book.
Artists use reference art all the time. As long as they don’t get too close to the original reference nobody calls any flags.
These people are scared for their viability in their user space and they should be, but I don’t think trying to put this genie back in the bottle or extra charging people for reading their stuff for reference is going to make much difference.
Isn’t learning the basic act of reading text? I’m not sure what the AI companies are doing is completely right but also, if your position is that only humans can learn and adapt text, that broadly rules out any AI ever.
Isn’t learning the basic act of reading text?
not even close. that’s not how AI training models work, either.
if your position is that only humans can learn and adapt text
nope-- their demands are right at the top of the article and in the summary for this post:
Thousands of authors demand payment from AI companies for use of copyrighted works::Thousands of published authors are requesting payment from tech companies for the use of their copyrighted works in training artificial intelligence tools
that broadly rules out any AI ever
only if the companies training AI refuse to pay
Isn’t learning the basic act of reading text?
not even close. that’s not how AI training models work, either.
Of course it is. It’s not a 1:1 comparison, but the way generative AI works and the we incorporate styles and patterns are more similar than not. Besides, if a tensorflow script more closely emulated a human’s learning process, would that matter for you? I doubt that very much.
Thousands of authors demand payment from AI companies for use of copyrighted works::Thousands of published authors are requesting payment from tech companies for the use of >> their copyrighted works in training artificial intelligence tools
Having to individually license each unit of work for a LLM would be as ridiculous as trying to run a university where you have to individually license each student reading each textbook. It would never work.
What we’re broadly talking about is generative work. That is, by absorbing one a body of work, the model incorporates it into an overall corpus of learned patterns. That’s not materially different from how anyone learns to write. Even my use of the word “materially” in the last sentence is, surely, based on seeing it used in similar patterns of text.
The difference is that a human’s ability to absorb information is finite and bounded by the constraints of our experience. If I read 100 science fiction books, I can probably write a new science fiction book in a similar style. The difference is that I can only do that a handful of times in a lifetime. A LLM can do it almost infinitely and then have that ability reused by any number of other consumers.
There’s a case here that the renumeration process we have for original work doesn’t fit well into the AI training models, and maybe Congress should remedy that, but on its face I don’t think it’s feasible to just shut it all down. Something of a compulsory license model, with the understanding that AI training is automatically fair use, seems more reasonable.
Of course it is. It’s not a 1:1 comparison
no, it really isn’t–it’s not a 1000:1 comparison. AI generative models are advanced relational algorithms and databases. they don’t work at all the way the human mind does.
but the way generative AI works and the we incorporate styles and patterns are more similar than not. Besides, if a tensorflow script more closely emulated a human’s learning process, would that matter for you? I doubt that very much.
no, the results are just designed to be familiar because they’re designed by humans, for humans to be that way, and none of this has anything to do with this discussion.
Having to individually license each unit of work for a LLM would be as ridiculous as trying to run a university where you have to individually license each student reading each textbook. It would never work.
nobody is saying it should be individually-licensed. these companies can get bulk license access to entire libraries from publishers.
That’s not materially different from how anyone learns to write.
yes it is. you’re just framing it in those terms because you don’t understand the cognitive processes behind human learning. but if you want to make a meta comparison between the cognitive processes behind human learning and the training processes behind AI generative models, please start by citing your sources.
The difference is that a human’s ability to absorb information is finite and bounded by the constraints of our experience. If I read 100 science fiction books, I can probably write a new science fiction book in a similar style. The difference is that I can only do that a handful of times in a lifetime. A LLM can do it almost infinitely and then have that ability reused by any number of other consumers.
this is not the difference between humans and AI learning, this is the difference between human and computer lifespans.
There’s a case here that the renumeration process we have for original work doesn’t fit well into the AI training models
no, it’s a case of your lack of imagination and understanding of the subject matter
and maybe Congress should remedy that
yes
but on its face I don’t think it’s feasible to just shut it all down.
nobody is suggesting that
Something of a compulsory license model, with the understanding that AI training is automatically fair use, seems more reasonable.
lmao
You’re getting lost in the weeds here and completely misunderstanding both copyright law and the technology used here.
First of all, copyright law does not care about the algorithms used and how well they map what a human mind does. That’s irrelevant. There’s nothing in particular about copyright that applies only to humans but not to machines. Either a work is transformative or it isn’t. Either it’s derivative of it isn’t.
What AI is doing is incorporating individual works into a much, much larger corpus of writing style and idioms. If a LLM sees an idiom used a handful of times, it might start using it where the context fits. If a human sees an idiom used a handful of times, they might do the same. That’s true regardless of algorithm and there’s certainly nothing in copyright or common sense that separates one from another. If I read enough Hunter S Thompson, I might start writing like him. If you feed an LLM enough of the same, it might too.
Where copyright comes into play is in whether the new work produced is derivative or transformative. If an entity writes and publishes a sequel to The Road, Cormac McCarthy’s estate is owed some money. If an entity writes and publishes something vaguely (or even directly) inspired by McCarthy’s writing, no money is owed. How that work came to be (algorithms or human flesh) is completely immaterial.
So it’s really, really hard to make the case that there’s any direct copyright infringement here. Absorbing material and incorporating it into future works is what the act of reading is.
The problem is that as a consumer, if I buy a book for $12, I’m fairly limited in how much use I can get out of it. I can only buy and read so many books in my lifetime, and I can only produce so much content. The same is not true for an LLM, so there is a case that Congress should charge them differently for using copyrighted works, but the idea that OpenAI should have to go to each author and negotiate each book would really just shut the whole project down. (And no, it wouldn’t be directly negotiated with publishers, as authors often retain the rights to deny or approve licensure).
You’re getting lost in the weeds here and completely misunderstanding both copyright law and the technology used here.
you’re accusing me of what you are clearly doing after I’ve explained twice how you’re doing that. I’m not going to waste my time doing it again. except:
Where copyright comes into play is in whether the new work produced is derivative or transformative.
except that the contention isn’t necessarily over what work is being produced (although whether it’s derivative work is still a matter for a court to decide anyway), it’s regarding that the source material is used for training without compensation.
The problem is that as a consumer, if I buy a book for $12, I’m fairly limited in how much use I can get out of it.
and, likewise, so are these companies who have been using copyrighted material - without compensating the content creators - to train their AIs.
these companies who have been using copyrighted material - without compensating the content creators - to train their AIs.
That wouldn’t be copyright infringement.
It isn’t infringement to use a copyrighted work for whatever purpose you please. What’s infringement is reproducing it.
It isn’t infringement to use a copyrighted work for whatever purpose you please.
and you accused me of “completely misunderstanding copyright law” lmao wow
It’s infringement to use copyrighted material for commercial purposes.
Okay, given that AI models need to look over hundreds of thousands if not millions of documents to get to a decent level of usefulness, how much should the author of each individual work get paid out?
Even if we say we are going to pay out a measly dollar for every work it looks over, you’re immediately talking millions of dollars in operating costs. Doesn’t this just box out anyone who can’t afford to spend tens or even hundreds of millions of dollars on AI development? Maybe good if you’ve always wanted big companies like Google and Microsoft to be the only ones able to develop these world-altering tools.
Another issue, who decides which works are more valuable, or how? Is a Shel Silverstein book worth less than a Mark Twain novel because it contains less words? If I self publish a book, is it worth as much as Mark Twains? Sure his is more popular but maybe mine is longer and contains more content, whats my payout in this scenario?
i admit it’s a hug issue, but the licensing costs are something that can be negotiated by the license holders in a structured settlement.
moving forward, AI companies can negotiate licensing deals for access to licensed works for AI training, and authors of published works can decide whether they want to make their works available to AI training (and their compensation rates) in future publishing contracts.
the solutions are simple-- the AI companies like OpenAI, Google, et al are just complaining because they don’t want to fork over money to the copyright holders they ripped off and set a precedent that what their doing is wrong (legally or otherwise).
Sure, but what I’m asking is: what do you think is a reasonable rate?
We are talking data sets that have millions of written works in them. If it costs hundreds or thousands per work, this venture almost doesn’t make sense anymore. If its $1 per work, or cents per work, then is it even worth it for each individual contributor to get $1 when it adds millions in operating costs?
In my opinion, this needs to be handled a lot more carefully than what is being proposed. We are potentially going to make AI datasets wayyyy too expensive for anyone to use aside from the largest companies in the market, and even then this will cause huge delays to that progress.
If AI is just blatantly copy and pasting what it read, then yes, I see that as a huge issue. But reading and learning from what it reads, no matter how rudimentary that “learning” may be, is much different than just copying works.
that’s not for me to decide. as I said, it is for either the courts to decide or for the content owners and the AI companies to negotiate a settlement (for prior infringements) and a negotiated contracted amount moving forward.
also, I agree that’s it’s a massive clusterfuck that these companies just purloined a fuckton of copyrighted material for profit without paying for it, but I’m glad that they’re finally being called out.
Dude, they said
If AI is just blatantly copy and pasting what it read, then yes, I see that as a huge issue.
That’s in no way agreeing “that’s it’s a massive clusterfuck that these companies just purloined a fuckton of copyrighted material for profit without paying for it”. Do you not understand that AI is not just copy and pasting content?
Removed by mod
AI isn’t doing anything creative. These tools are merely ways to deliver the information you put into it in a way that’s more natural and dynamic. There is no creation happening. The consequence is that you either pay for use of content, or you’ve basically diminished the value of creating content and potentiated plagiarism at a gargantuan level.
Being that this “AI” doesn’t actually have the capacity for creativity, if actual creativity becomes worthless, there will be a whole lot less incentive to create.
The “utility” of it right now is being created by effectively stealing other people’s work. Hence, the court cases.
Sure, AI is not doing anything creative, but neither is my pen, its the tool im using to be creative. Lets think about this more with some scenarios:
Lets say software developer “A” comes along, and they’re pretty fucking smart. They sit down, read through all of Mark Twains novels, and over the course of the next 5 years, create a piece of software that generates works in Twain’s style. Its so good that people begin using it to write real books. It doesn’t copy anything specifically from Twain, it just mimics his writing style.
We also have developer “B”. While Dev A is working on his project, Dev B is working on a very similar project, but with one difference: Dev B writes an LLM to read the books for him, and develop a writing style similar to Twain’s based off of that. The final product is more or less the same as Dev A’s product, but he saves himself the time of needing to read through every work on his own, he just reads a couple to get an idea of what the output might look like.
Is the work from Dev A’s software legitimate? Why or why not?
Is the work from Dev B’s software legitimate? Why or why not?
Assume both of these developers own copies of the works they used as training data, what is honestly the difference here? This is what I am struggling with so much.
Both developers have created a parrot tool. A utility to plagiarise a style.
So now the output of both programs is “illegimate” in your eyes, despite one of them never even getting direct access to the original text.
Now lets say one of them just writes a story in the style of Twain, still plagiarism? Because I don’t know if you can copyright a style.
The first painter painted on cave walls with his fingers. Was the brush a parrot tool? A utility to plagiarize? You could use it for plagiarism, yes, and by your logic, it shouldn’t be used. And any work created using it is not “legitimate”.
Please first define “creativity” without artificially restricting it to humans. Then, please explain how AI isn’t doing anything creative.
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Okay, given that AI models need to look over hundreds of thousands if not millions of documents to get to a decent level of usefulness, how much should the author of each individual work get paid out?
Congress has been here before. In the early days of radio, DJs were infringing on recording copyrights by playing music on the air. Congress knew it wasn’t feasible to require every song be explicitly licensed for radio reproduction, so they created a compulsory license system where creators are required to license their songs for radio distribution. They do get paid for each play, but at a rate set by the government, not negotiated directly.
Another issue, who decides which works are more valuable, or how? Is a Shel Silverstein book worth less than a Mark Twain novel because it contains less words? If I self publish a book, is it worth as much as Mark Twains? Sure his is more popular but maybe mine is longer and contains more content, whats my payout in this scenario?
I’d say no one. Just like Taylor Swift gets the same payment as your garage band per play, a compulsory licensing model doesn’t care who you are.
A key point is that intellectual property law was written to balance the limitations of human memory and intelligence, public interest, and economic incentives. It’s certainly never been in perfect balance. But the possibility of a machine being able to consume enormous amounts of information in a very short period of time has never been a variable for legislators. It throws the balance off completely in another direction.
There’s no good way to resolve this without amending both our common understanding of how intellectual property should work and serve both producers and consumers fairly, as well as our legal framework. The current laws are simply not fit for purpose in this domain.
I very much agree.
I think this is more about frustration experienced by artists in our society at being given so little compensation.
The answer is staring us in the face. UBI goes hand in hand with developments in AI. Give artists a basic salary from the government so they can afford to live well. This isn’t a AI problem this is a broken society problem. I support artists advocating for themselves, but the fact that they aren’t asking for UBI really speaks to how hopeless our society feels right now.
This is tough. I believe there is a lot of unfair wealth concentration in our society, especially in the tech companies. On the other hand, I don’t want AI to be stifled by bad laws.
If we try to stop AI, it will only take it away from the public. The military will still secretly use it, companies might still secretly use it. Other countries will use it and their populations will benefit while we languish.
Our only hope for a happy ending is to let this technology be free and let it go into the hands of many companies and many individuals (there are already decent models you can run on your own computer).
Obligatory xkcd: https://xkcd.com/827/
This is so stupid. If I read a book and get inspired by it and write my own stuff, as long as I’m not using the copyrighted characters, I don’t need to pay anyone anything other than purchasing the book which inspired me originally.
If this were a law, why shouldn’t pretty much each modern day fantasy author not pay Tolkien foundation or any non fiction pay each citation.
There’s a difference between a sapient creature drawing inspiration and a glorified autocomplete using copyrighted text to produce sentences which are only cogent due to substantial reliance upon those copyrighted texts.
All AI creations are derivative and subject to copyright law.
There’s a difference between a sapient creature drawing inspiration and a glorified autocomplete using copyrighted text to produce sentences which are only cogent due to substantial reliance upon those copyrighted texts.
But the AI is looking at thousands, if not millions of books, articles, comments, etc. That’s what humans do as well - they draw inspiration from a variety of sources. So is sentience the distinguishing criteria for copyright? Only a being capable of original thought can create original work, and therefore anything not capable of original thought cannot create copyrighted work?
Also, irrelevant here but calling LLMs a glorified autocomplete is like calling jet engines a “glorified horse”. Technically true but you’re trivialising it.
Yes. Creative work is made by creative people. Writing is creative work. A computer cannot be creative, and thus generative AI is a disgusting perversion of what you wanna call “literature”. Fuck, writing and art have always been primarily about self-expression. Computers can’t express themselves with original thoughts. That’s the whole entire point. And this is why humanistic studies are important, by the way.
I absolutely agree with the second half, guided by Ian Kerr’s paper “Death of the AI Author”; quoting from the abstract:
Claims of AI authorship depend on a romanticized conception of both authorship and AI, and simply do not make sense in terms of the realities of the world in which the problem exists. Those realities should push us past bare doctrinal or utilitarian considerations about what an author must do. Instead, they demand an ontological consideration of what an author must be.
I think the part courts will struggle with is if this ‘thing’ is not an author of the works then it can’t infringe either?
Courts already expressed themselves, and what they said is basically copyright can’t be claimed for the throw up AIs come up with, which means corporations can’t use it to make money or sue anyone for using those products. Which means generated AI products are a whole bowl of nothing legally, and have no identity nor any value. The whole reason commissions are expensive is that someone has spent money, time and effort to make the thing you asked of them, and that’s why corresponding them with money is right.
Also, why can’t AI be used to automatize the shit jobs and allow us to do the creative work? Why are artists and creatives being pushed out of doing the jobs only humans can do? Like this is the thing that makes me furious: that STEM bros are blowing each other in the fields over humans being pushed out of humanity. Without once thinking AI is much more apt at replacing THEIR jobs, but I’m not calling for their jobs to be removed. This is just a dystopic reality we’re barreling towards, and there are people who are HAPPY about humans losing what makes us human and speeding toward pure, total, complete misery. That’s why I’m emotional about this: because art is only, solely made by humans, and people create art to communicate something they have inside. And only humans can do that - and some animals, maybe. Machines have nothing inside. They are nothing, they are only tools. It’s like asking a hammer to write its own poetry, it’s just insane.
The trivialization doesn’t negate the point though, and LLMs aren’t intelligence.
The AI consumed all of that content and I would bet that not a single of the people who created the content were compensated, but the AI strictly on those people to produce anything coherent.
I would argue that yes, generative artificial stupidity doesn’t meet the minimum bar of original thought necessary to create a standard copyrightable work unless every input has consent to be used, and laundering content through multiple generations of an LLM or through multiple distinct LLMs should not impact the need for consent.
Without full consent, it’s just a massive loophole for those with money to exploit the hard work of the masses who generated all of the actual content.
But for text to be a derivative work of other text, you need to be able to know by looking at the two texts and comparing them.
Training an AI on a copyrighted work might necessarily involve making copies of the work that would be illegal to make without a license. But the output of the AI model is only going to be a for-copyright-purposes derivative work of any of the training inputs when it actually looks like one.
Did the AI regurgitate your book? Derivative work.
Did the AI spit out text that isn’t particularly similar to any existing book? Which, if written by a human, would have qualified as original? Then it can’t be a derivative work. It might not itself be a copyrightable product of authorship, having no real author, but it can’t be secretly a derivative work in a way not detectable from the text itself.
Otherwise we open ourselves up to all sorts of claims along the lines of “That book looks original, but actually it is a derivative work of my book because I say the author actually used an AI model trained on my book to make it! Now I need to subpoena everything they ever did to try and find evidence of this having happened!”
The thing is these models aren’t aiming to re-create the work of any single authors, but merely to put words in the right order. Imo, If we allow authors to copyright the order of their words instead of their whole original creations then we are actually reducing the threshold for copyright protection and (again imo) increasing the number of acts that would be determined to be copyright protected
Machine learning algorithms does not get inspired, they replicate. If I tell a MLM to write a scene for a film in the style of Charlie Kaufman, it has to been told who Kaufman is and been fed alot of manuscripts. Then it tries to mimicks the style and guess what words come next.
This is not how we humans get inspired. And if we do, we get accused of stealing. Which it is.
Because a computer can only read the stuff, chew it and throw it up. With no permission. Without needing to practice and create its own personal voice. It’s literally recycled work by other people, because computers cannot be creative. On the other hand, human writers DO develop their own style, find their own voice, and what they write becomes unique because of how they write it and the meaning they give to it. It’s not the same thing, and writers deserve to get repaid for having their art stolen by corporations to make a quick and easy buck. Seriously, you wanna write? Pick up a pen and do it. Practice, practice, practice for weeks months years decades. And only then you may profit. That’s how it always was and it always worked fine that way. Fuck computers.
What did you pay the author of the books and papers published that you used as sources in your own work? Do you pay those authors each time someone buys or reads your work? At most you pay $0-$15 for a book anyway.
In regards to free advertising when your source material is used… if your material is a good source and someone asks say ChatGPT, shouldn’t your work be mentioned if someone asks for a book or paper and you have written something useful for it? Assuming it doesn’t hallucinate.
That’s the “paid in exposure” argument.
And I’m not sure what my company pays, but they purchase access to scientific papers and industrial standards. The market price I’ve seen for them is hundreds of dollars. You either pay an ongoing subscription to access the information, or you pay a larger lump sum to own a copy that cannot legally be reproduced.
Companies pay for this sort of thing. AI shouldn’t get an exception.
Love to see it!