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Artificial Intelligence and Copyright: Request for comments

federalregister.gov

131–140 of 321 posts

Re: Artificial Intelligence and Copyright: Request for comments

#131

I'm surprised that nobody has suggested that what's behind this RFC is Disney and other large studios lobbying to make it legal to copyright AI generated content so that they can move to AI generated movies and art. Right now you can't get a copyright on AI generated content.

I think the current precedent is that you can, as long as it's not wholly machine generated work. Whatever modicum of creativity you put in as an editor is what's got legal protection.

Re: Artificial Intelligence and Copyright: Request for comments

#132
post #106

I have never understood the fair use argument when it comes to training data. I publish a copyrighted article. Some LLM ingests it without permission, but since the output of that LLM is sufficiently different from my source article there is no violation. I publish copyrighted code. Some company decides to consume it without purchasing a license. The product they distribute is vastly different from my code itself, bu…

Well "consuming" the code means copying it word for word into your source tree. The compilation process does mangle it a bit but usually you can find identical function names and so on, and the courts have ruled that object code is equivalent to source code for purposes of copyright. A different situation is you read a copyrighted news article and write the facts from it in your essay. Since the copyright of the news…

> A different situation is you read a copyrighted news article and write the facts from it in your essay.

This is fine for actual facts(with some caveats) but how should it apply for creative works like a novel ?

Re: Artificial Intelligence and Copyright: Request for comments

#133
post #64

[flagged]

Interesting example. I ran your prompt five times through GPT-3.5. While it didn’t use the name Hogwarts in those cases, three of the results had the character going to either the Academy of Arcane Arts (twice) or the Royal Academy of Arcane Arts, which seems clearly modelled on Hogwarts. I then tried the prompt five times with GPT-4. None of the resulting stories had the main character going to study magic at a scho…

Ghosts as silent echoes of a person's past is not original, but the only ghosts I remember from LoTR weren't like that. A magic item that spammed the echoes might be original.

Re: Artificial Intelligence and Copyright: Request for comments

#134
post #103

Terms of Use You are prohibited from using the content of this site in "large language models" or any other usage for the purpose of "artificial intelligence". Liquidated Damages

I'll just write a blog with a disclaimer "no one is allowed to read this blog". Now anyone who comes across it is violating my terms and owes me money!

They might never read it, they might just use it to train "AI".

Like Google scanning peoples' email. "We do not read anyone's mail. It's all done by computer."

Re: Artificial Intelligence and Copyright: Request for comments

#135

I believe we first need to answer the question of whether the copyright of the AI model’s source text or images affects the output. My opinion — and note I’m a software engineer, not a lawyer — is that an AI, being a statistical model and not generally intelligent, should not be allowed to disregard the copyright of its source material. This would, I think, require the AI’s creator to secure a license for all of its…

Why would any non-lunatic want to live in a world where someone can't import an image into software?

If only some software is disallowed, then why permit Excel but prohibit Stable Diffusion?

Can someone even look at a SD-generated image, and claim with certainty that their own art was used to train it? Any more than claiming that another artist was inspired by it, looking at their output?

I'm fine with anything goes. The alternative seems to be copyright maximalist clownworld.

Re: Artificial Intelligence and Copyright: Request for comments

#136
post #106

I have never understood the fair use argument when it comes to training data. I publish a copyrighted article. Some LLM ingests it without permission, but since the output of that LLM is sufficiently different from my source article there is no violation. I publish copyrighted code. Some company decides to consume it without purchasing a license. The product they distribute is vastly different from my code itself, bu…

> I publish copyrighted code. Some company decides to consume it without purchasing a license. The product they distribute is vastly different from my code itself, but I can still sue them into oblivion.

Isn't the analogy more: an employee at a company reads your copyrighted code, along with many other pieces of code, and produces a new piece of code? Your code influenced the output, but in no way can you a) detect that influence b) assert any copyright over the output.

In your analogy, your code is still "in tact" within the new product; that's not the case with LLM-produced output.

Re: Artificial Intelligence and Copyright: Request for comments

#137
Much debate has been had about how existing copyright law applies to AI models. But once you get past that and start asking about how copyright should apply to AI models (as the copyright office is here) the answer in my mind becomes clear.

Copyright, as defined in the U.S. Constitution, exists "to promote the Progress of Science and useful Arts"[1]. I can think of no better modern example of "the Progress of Science and useful Arts" than AI models themselves. Therefore, it follows that:

1. Existing copyright laws should _not_ be applied in such a way as to make training these models any more difficult than it already is (as that would be in direct opposition to the stated goal)

2. AI models should be copyrightable by the person training the model (for the same reason any other software program is copyrightable)

3. Output of AI models should be copyrightable by the person running the model (for the same reason any other creative work is copyrightable) provided the output does not conflict with any preexisting copyright

For those who think training on copyrighted materials should be illegal, explain to me how that helps "promote the Progress of Science and useful Arts" and I'll re-consider my position.

[1]: https://en.wikipedia.org/wiki/Copyright_Clause

Re: Artificial Intelligence and Copyright: Request for comments

#138

I would say, treat the AI like a human viewing said data/material, but unlike the majority of humans, most dont have Kim Peek levels of observation and recall, so should there be some sort of expiration of data built into AI's and if so, should it be a blanket cut off date for all data an AI has been exposed to, or allow for some specialisation like a human might have in order to fulfil their occupation? I'm also awa…

If a human author is allowed to read and cite other works in their new composition. For example a Stephen King book referencing another author or famous book like Lord of the rings, then ai should be allowed to do the same as provide similar outputs that Stephen King would come to organically. if it's just using themes, show me any book that's not got derivative parts in it at all.

Re: Artificial Intelligence and Copyright: Request for comments

#139

Much debate has been had about how existing copyright law applies to AI models. But once you get past that and start asking about how copyright should apply to AI models (as the copyright office is here) the answer in my mind becomes clear. Copyright, as defined in the U.S. Constitution, exists "to promote the Progress of Science and useful Arts"[1]. I can think of no better modern example of "the Progress of Science…

So i'm not sure how I feel, but to play Devil's advocate --

If I know anything I create is just going to be hoovered up and input into somebody's AI model so I do 99% of the work and they get 99% of the profit, perhaps I'm much less likely to progress Science and useful Arts by creating content in the first place.

I fear an internet of signup walls and TOC agreements for everything, just to prevent crawlers that feed AI from soaking it all up.

Re: Artificial Intelligence and Copyright: Request for comments

#140

Earlier quoted context omitted.

I slightly disagree, in that I think the person using the tool should bear the burden of copyright. I.e. if the model outputs something under copywrite it merely can't be republished. In this same way, i can use Photoshop on proprietary data but I can't necessarily sell the results.

This is the best path forward I think. And it will become increasingly sensible as things continue to evolve. AI wasn't necessary to violate copyright before, and it isn't necessary today. The determination of copyright violation should be made against the output of the model in the event that someone uses it for commercial purposes. If the models have a risk of generating copyrighted content, it will be up to the co…

A divergence, but I see a lot of posters asserting that "humans learn by copying other people, but we don't call that a violation of copyright when they draw"

People casually asserting that software is equivalent to humanity will be a non-negligible thing to consider, as irritating and poorly-founded as it seems.

If the reproduction isn't pixel-perfect, but merely obvious and overwhelming, how do you refute that philosophically to people who refuse a distinction between 50GB and a human life?

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