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.
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
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.
I completely fail to see how it wouldn’t be considered transformative work
It fails the transcendence criterion.Transformative works go beyond the original purpose of their source material to produce a whole new category of thing or benefit that would otherwise not be available.
Taking 1000 fan paintings of Sauron and using them in combination to create 1 new painting of Sauron in no way transcends the original purpose of the source material. The AI painting of Sauron isn’t some new and different thing. It’s an entirely mechanical iteration on its input material. In fact the derived work competes directly with the source material which should show that it’s not transcendent.
We can disagree on this and still agree that it’s debatable and should be decided in court. The person above that I’m responding to just wants to say “bah!” and dismiss the whole thing. If we can litigate the issue right here, a bar I believe this thread has already met, then judges and lawmakers should litigate it in our institutions. After all the potential scale of this far reaching issue is enormous. I think it’s incredibly irresponsible to say feh nothing new here move on.
Being able to dialog with a book, even to the point of asking the AI to “take on the persona of a character in the book” and support ongoing is substantively a transcendent version of the original. That one can, as a small subset of that transformed version, get quotes from the original work feels like a small part of this new work.
If this had been released for a single work. Like, “here is a star wars AI that can take on the persona of star wars characters” and answer questions about the star wars universe etc. I think its more likely that the position I’m taking here would lose the debate. But this is transformative against the entire set of prior material from books, movies, film, debate, art, science, philosophy etc. It merges and combines all of that. I think the sheer scope of this new thing supports the idea that its truly transformative.
A possible compromise would be to tax AI and use the proceeds to fund a UBI initiative. True, we’d get to argue if high profile authors with IP that catches the public’s attention should get more than just blogger or a random online contributor – but the basic path is that AI is trained on and succeeds by standing on the shoulders of all people. So all people should get some benefits.
Transformativeness is only one of the four fair use factors. Just because something is transformative can’t alone make something fair use.
Even if AI is transformative, it would likely fail on the third factor. Fair use requires you to take the minimum amount of the copyrighted work, and AI companies scrape as much data as possible to train their models. Very unlikely to support a finding of fair use.
The final factor is market impact. As generative AIs are built to mimic the creativite outputs of human authorship. By design AI acts as a market replacement for human authorship so it would likely fail on this factor as well.
Regardless, trained AI models are unlikely to be copyrightable. Copyrights require human authorship which is why AI and animal generated art are not copyrightable.
A trained AI model is a piece of software so it should be protectable by patents because it is functional rather than expressive. But a patent requires you to describe how it works, so you can’t do that with AI. And a trained AI model is self-generated from training data, so there’s no human authorship even if trained AI models were copyrightable.
The exact laws that do apply to AI models is unclear. And it will likely be determined by court cases.
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?
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.
But you paid for the textbook
Libraries exist
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.
Plagiarism filters frequently trigger on chatgpt written books and articles.
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.
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.
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
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.
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?
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.
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.
Obligatory xkcd: https://xkcd.com/827/
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).
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.
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.
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 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
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!”
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.
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.
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.
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