Copyright
Current AI art models are trained on data that may include copyrighted material. Copyright laws may not be the best fit for all the challenges of AI. For example the Authors Guild argues that writers deserve credit and financial reward for their contributions to AI. They believe training AI models on copyrighted works is essentially copying that material. They propose a three-pronged approach:
- AI companies should get permission to use copyrighted works in their programs.
- Writers should be fairly compensated for both past and ongoing use of their work.
- Writers should be compensated even if the AI outputs don't technically break copyright laws.
The Authors Guild believes collaboration with AI leaders is crucial to protect writers' livelihoods. They aim to unite writers and advocate for fair treatment within the realm of AI development.
The letter argues that generative AI wouldn't exist without the creative works of authors. Books, articles, and poems are used to train these AI systems, but authors aren't getting paid for their contributions. These works are like building blocks for language models. AI companies claim their machines just "read" the texts, but that's misleading. In reality, the texts are copied into the software and then used to create new content.
This puts the burden on artists to opt-out, rather than AI developers to ensure proper licensing. Some possible solutions may be:
- Opt-in instead of opt-out: Require artists to explicitly allow their work to be used in training data.
- Provenance tracking: Record details about the training data and generation process to improve transparency.
- Audit trails: Create a system to track the origin and manipulation of data to avoid copyright infringement.
These improvements would benefit both AI developers and users by:
- Reducing copyright infringement risks.
- Enabling easier verification of AI-generated content.
- Potentially allowing compensation for artists whose work influences AI outputs.
Here are some steps content creators and brands can take to protect their intellectual property (IP) from AI-generated content:
- Monitoring - Content creators should use automated search tools to scan large datasets for their work (logos, artwork, text) that might have been incorporated into AI training data.
- Proactive Defense - New tools can potentially obfuscate content from AI algorithms, making it harder to include in training data.
- Trademark & Trade Dress Monitoring - Brands need to consider not just specific elements (logos, colors) but also the overall style of their work. This is because AI-generated content might not directly copy a brand's logo but still mimic its style, potentially infringing on trademark or trade dress.
- Enforcement - The good news is that existing legal frameworks for trademark infringement still apply. Brand owners can use cease-and-desist letters, licensing demands, or lawsuits to address infringement, regardless of whether a human or AI generated the infringing content.