Universal Music Asks Streaming Services to Block AI Access to Its Songs
variety.com
variety.com
We may find that letting content creators choose to have their work included, or not, in AI training sets would be helpful? Or, included in training sets for a fee, or for some sort of attribution, or ?...
The apparent current status quo of "anything on the public web is fair game for an AI training set" might not be a good permanent solution?
Humans have already been able to do this of course, but the difference is scale and automation. With this software one could, under current law, setup a 100% legal 'shadow library' that effectively infringes on every single book published. Even a leaked copy of a book could be released and shared (in its legally infringing format) before the "real" copy hit the market. And again, all completely legally. The impacts of copyright infringement are regularly grossly distorted, but I think this is the sort of technology that could genuinely damage artists and creators across many endeavors.
The exact same thing will be coming to software soon enough. 'Take this assembly/IL code, and create a functionally identical but superficially rebranded program while working to ensure you sidestep all relevant patents.' 'Sure, here you go.' The issue of this being done [relatively] instantly is going to really impact things in ways I think many are not considering. Never in a million years thought I'd see myself on the side of the copyright cartel, but this is one of the extremely rare times they're right.
The barrier to shadow libraries is marketing, which is the only thing that really separates huge blockbuster music/art/books from stuff that makes literally zero money. Quality and ideas haven't been the gate for a long time.
Would you not say that using an AI to do essentially the same thing, just with the benefit that you don’t really need to pay anyone for creating the art meaning you can target more niche preferences is also “cashing in”?
Generative AI is going to allow an amazing diversification and explosion of art and music, which is going to create the next big AI application once current systems for distributing content are strained to overloading - interactive recommenders. Imagine asking for a piece of content, getting recommendations, evaluating a short clip, giving feedback to the recommender and getting better recommendations as a result in a cycle until you get exactly what you want.
At least part of the reason I like technical music is because it is challenging to play for the musician. If an AI 'plays' 'technical' music, it loses its appeal for me.
Similarly, a lot of the reason I like metal music is because of the emotion and energy poured into it by the human creator.
Being able to ask a computer make noises which sounds like some musicians you like is not, in my opinion, the same as creating art.
on edit: I just realized that of course British copyright law is also very similar to the American model.
If not a single new piece of art were created from this point on, I'd still die with a massive backlog of material to read, see, and listen to.
At this point, I'm infinitely more concerned about the wellbeing of artists than about whether or not new art is going to be created.
> is super encouraging to the artist.
This is the "nobody goes there anymore. It's too crowded!" version of making art.
Creating more, or "limitless" art is indeed the point.
But neither of those is really what's written down, with the (U.S. law) point of copyright being "to promote the Progress of Science and useful Arts".
We might could interpret this as, training AI is progress of science, and thus the point of copyright includes training AI. Although I'm not sure that we really need copyright to do that, and accordingly, I doubt that is the intent of the law.
Really, the issue here is may be that copyright law was not formed with AI systems in mind at all, neither as creators nor as consumers, and trying to apply it to AI systems, or to reason about copyright law as it pertains to what AI systems do, doesn't necessarily work very well.
Maybe we need to go back and amend all of our written laws with a phrase like "for humans", just like so many science headlines need to include the phrase "in mice"!
if only Microsoft (OpenAI) are able to exploit works for material gain at the cost of the literally 100% of the rest of society: why should society allow Microsoft to do this?
(or even to allow Microsoft to exist at all?)
IMO, what LLMs are demonstrating are the fundamental contradictions of Capitalism, where now being a capital owner with a bunch of GPUs is supposed to give you exclusive returns on the sum total of human intellectual and artistic labor. I have a feeling that people aren’t going to take to that too kindly, so we’ll either see robots mowing down the masses of unemployed, a Butlerian jihad, or various states assuming control over their productive capacities and redistributing the return in the form of greater safety nets.
If only our law makers were so capable of a) understanding whats going on and b) actually passing laws when it mattered.
[1] - https://arstechnica.com/information-technology/2022/12/china...
Are they going to enforce it for products/services sold overseas? I'm not so sure, not until I see watermarks in Tiktok's content.
Like, are you a troll or you just don't know how laws work?
>I'm not so sure, not until I see watermarks in Tiktok's content.
Tiktok literally exports all videos with watermarks, its the people that remove them to post on reddit lmao how clueless are you
About watermarks, I'm obviously talking about AI generated content watermarks, not general tiktok watermarks. I guess I should've been more concrete with my phrasing as some people can't read considering context.
Also, if you follow through your logic you are arguing for abolishing all laws in the US that constrain US companies if some other countries can ignore these laws and get the upper hand. Keep in mind that these laws (like intellectual property, copyright, patents) is the reason US has innovated so much in the first place
Now, if you have any information about AI and China, enlighten me. The more one knows the better.
PS/edit: I need more information about your last ghost edit. China (and others) would say otherwise about IP laws. If anything I would at least say that innovation can be either cut or assured through IP laws depending on the domain/technology, but it is difficult to conclude that absolutely for all cases.
It's not going to make China's AI better than US. Not nearly enough, they're so behind. So giving them competitive advantage is not something that should matter when you consider whether this law would do good or not
After that, they will decimate global gpu supply and they can use their newfound lead in compute to win the race.
If AI made all the art that might sell, that would give me more time and energy to work on the art I actually care about, but maybe less sales from art.
The idea that artists should "do stuff for the joy of creating" is just plain insulting, too. They already do that. While artists would love to see, say, AI art models that were trained with licensed or public-domain data; training data theft isn't even their biggest concern. Their biggest concern is having the fun sucked out of their job as the artful minutae of drawing or writing is replaced with finding the correct combination of words to make Stable Diffusion draw the character you want with exactly the same details every time. It would be like if you worked at a PC building shop and one day the boss said "Actually we're just going to be an Apple authorized reseller now." The thing that's destroying artists' jobs being trained on their own work is just insult to injury.
To be clear, though, AI doesn't "steal and resell content" in the vast majority of cases, either. Regurgitation is a thing, but the cause is duplicate data in the training set making it advantageous to memorize a few images to improve loss metrics. Most diffusion model architectures are not big enough to memorize the whole training set, or even large pieces of it.
So no, I don't consider that insulting.
Big platforms really are not helpful nor respectful to musicians, especially musicians that are working hard to be discovered. It's a total shame that shotify charges musicians to be promoted on their platform while giving a ton of royalties away to so many fraudulent actors every year.
I don't think that would work, if a song is detectable enough to give the artist royalties for a song, it's detectable enough to see that it's copyrighted music. IMHO I think music piracy is essentially dead, because the music industry has finally learned and made a compelling product. With services like Spotify and Apple Music, pirating music is just not worth it anymore. Why bother when for $10/month you could listen to all the music to your hearts content.
Universal asking steaming companies to not use their label's music on training is just stupid because all they are doing is shooting the artists in the foot. Most AI in music is recommendation engines, do you not want your artists to be discovered? The streaming services are not stealing your music you idiot [UMG], they are trying to make you more money by directing people to music they like.
Ai generators put music and other content in a blender and then scrambles the source samples until they are unrecognizable and then mashes the tiny cut pieces of source samples back together into a collage. Kind of like putting a strawberry into a smoothie... It's no longer a strawberry, but the smoothie now has the extracted taste of strawberry AND the other original materials used to source the end product. Content ID only recognizes strawberries and whole fruits, not smoothies.
After all, China already blocks the Western businesses that don't implement the spying/surveillance measures the Chinese communist party wants.
The more the Chinese communist government continues pushing a war course against Taiwan makes that even more likely, e.g. in the context of sanctions.
Map-makers use arificial "trap streets" ( https://en.m.wikipedia.org/wiki/Trap_street ) to show that their maps were copied. Dictionaries add fictious entries ( https://en.m.wikipedia.org/wiki/Fictitious_entry ).
Similar idea could be used with music?
your honor, this LLM produces content that looks like various Disney intellectual products, it was obviously trained on that data.
your honor, no we trained it on a lot artwork that was copying the Disney style!
Judge: do you have this corpus of data you trained it on for the court to inspect.
uh, no.
summary judgement for plaintiff.
"Clean Room Defeats Software Infringement Claim in U.S. Federal Court" http://hoviblog.blogspot.de/2008/10/clean-room-defeats-softw...
"Chinese Wall" https://en.wikipedia.org/wiki/Chinese_wall
This has nothing to do with gzip.
[1] https://www.federalregister.gov/documents/2023/03/16/2023-05...
jpeg'ing frames of disney animation doesn't remove copyright (even if you do it twice)
I can write an algorithm that just generates random noise in the dimensions of art, and if I run it long enough it'll output things that are "close enough" to copyright works. There's no argument for that program being copyright infringement, and that holds for models as well.
right, so if it's a completely original work let's clear out the training set and let's see if it can do it without it
no? so the output is a product of the input... a derivative work
and if you run it again it produces exactly the same thing? (sans artificial random injection)
sounds like a lossy compression function to me!
Serious question.
so after the several days when Disney shows how this LLM was obviously trained on the dataset of available Disney content, and then the defendant responded that they trained on a corpus of pseudo-Disney but then could not produce this corpus it would be reasonable to conclude they were lying.
The parent suggested "No one will be able to prove the source of the data" and that is the kind of thing that programmers for some reason often think is some fantastic gotcha so one can really get away with anything, but it is these kinds of things that the law is generally pretty good in handling.
Since the hypothetical AI company wasn't able to produce anything in it's defense, it lost.
IANAL
Strictly speaking, you do have to prove things (if you have the burden of proof on the specific issue), and the standard of proof is usually “preponderance of the evidence” (though there are a few other standards that apply to particular issues/circumstances in the civil justice system.) “Beyond a reasonable doubt” is a different standard of proof used for conviction in the criminal justice system, but it is strictly not correct to call proof under other standards something other than proof.
I've edited my comment to reflect your correction.
I don't think the suggestion is meant to be that this is a realistic scenario though, just that the court isn't as mechanical and naive as we programmers are prone to imagining (being stewards of systems that are largely mechanical and naive).
IANAL
the process the work was generated through is of primary importance for copyright
the existence of the concept of "derivative work" should make this obvious
see the reverse engineering of the IBM BIOS for another example
we're not talking about fair use here buddy
Cuz I don’t.
"A Child left in an empty room is never going to get ahead of one that has experiences with everything in the world"
Anyone that thinks a clean room is going to make a valid AI, in my mind, is insane.
Training on shite results in a pretty poor AI compared to one that’s trained on quality data. Do I think that means that quality AI will keep up with “hoover AI”? No. Hoover AI still gets you to profitability and that’s mostly what matters in a capitalist arms race.
Stable Diffusion and the Getty Images lawsuit will end with a settlement and licensing will be the option to go with.
There's a cool song called 'Neural Harmony.' The creators used a mixture of classical and electronic music as input, but they never disclosed the specific songs they were influenced by. This has made it impossible for the original artists to claim royalties, and yet the public can't get enough of its sick beatz.
There's even an AI-generated album called 'Digital Renaissance.' The creators claim to have used thousands of songs from various genres as inspiration, but they never provided a list of the songs or artists. The album has gained a massive following and has even been featured in several popular playlists. There was briefly an attempt to prosecute them but the case was dropped after public outcry.
quite well then?
streaming services have essentially replaced music and video piracy
and steam (essentially streaming games) vastly reduced video game piracy
Gabe Newell once famously stated, "Piracy is almost always a service problem and not a pricing problem." Steam's success can be attributed to addressing the service issues that initially led people to piracy, providing a user-friendly platform for gamers. So, while DRM might have had a minor role in curbing piracy, it's the innovative business models and improved services that made the most significant impact. Even now, downloading movies, albums, or video games for next to nothing remains possible, and those who prioritize money over time continue to pirate without issue.
who's going to bother for music when spotify/youtube are free?
your time would have to have negative value for it to be worth it
So I imagine, someone will train a model to do high end law work and they will have to train it on the data produced by the people they hire to create it.
This of course assumes that the society will have the same structure as of today. What I actually think it will happen is, we will completely delegate all our work to machines and the concepts of ownership will vanish as everything for exception of land will be in abundance. I imagine in the future we will fight each other over apartments in cool areas or trade it for some kind of social credit which we generate by impressing other humans. No apartment will be worse than the other but the proximity natural wonders, cultural centres and networks will be the paramount. After all, it's all about how we pick our sexual mates and social status.
I'm sorry you don't like it but There's no way the society functions the same once resources and servants are in abundance. Your bank account is relevant only when there's a scarcity and the current scarcity can be gone once machines are autonomous in enough areas to convert the material all around us into things we need using the practically limitless energy from the sun.
“Sure, and I assume you’ll want a 10% cut?”
“Nope, give me 80% if someone buys it”
“But people don’t buy music anymore. How much money will you give me if a thousand people stream my music?”
“We can do $2. Take it or leave it.”
There is only creative output bent towards the artificial framework of capitalism.
One could argue there is some weak ethical underpinning in "In the absence of higher moral values, one should simply adhere to previous agreements and laws..." Except previous agreements and laws give basically no guidance on the topic of "Can I use this data to train a machine to make more data?" Especially if the thusly-created data can't even, itself, be copyrighted. It's a novel use-case unpredicted by the existing copyright framework.
Its going to happen and AI is going to learn lyrics and how to create music, its inevitable. These are just roadblocks that are bad for everyone but the extreme minority.
Even if one company/country bans it, in 10 years, it won't matter.
There are a bunch of for-profit American AI companies. Why on Earth would another for-profit company, especially one based in another country, be ok with other people making money from their content. They can either look at developing their own AI platform, or build deals with the existing AI companies. It would be just plain stupid to give it all away for free, or any price that isn't determined by themselves.
Like artists, sculptors, writers, photographers, narrators, musicians, composers, and so forth? The very same industries AI requires to exist for training?
They will disappear. And we will be poorer for that.
And even if the assumption proves to be true, the volume will decrease dramatically as people are no longer allowed to make a living to create their art.
And no, Patreon and its ilk is not a sufficient replacement, not for full time jobs. It mostly doesn't even replace a job for the (comparatively few) people on it today.
EDIT: I for one will miss movies like "Everything Everwhere All At Once", which could not have been made as an "impulse" project.
It's a fact as old as humanity itself. People will create because that's what people do. What isn't guaranteed is the existence of the billion dollar copyright industry.
> an artist could sell their painting.
Still perfectly possible to sell the physical canvas you applied paint to.
> the volume will decrease dramatically as people are no longer allowed to make a living to create their art
So what? That's a good thing. The market is filled with cheap art that's made just to sell copies, stuff that wouldn't even exist at all if not for the profit. I don't consider that a big loss at all.
And yet you're cheering on AI that will dramatically increase the amount of cheap art that's made just to sell copies.
The results of their work is not IP though, which makes the comparison too weak to serve as proof that artistic works that create only IP will continue unabated.
There’s probably one in your city.
But they may not publicly release it. I've already removed my works from the public web, and I've heard from several others that have done the same.
The only other alternative would be to withdraw from society entirely, which is obviously not feasible.
I released some software as GPL but truth be told I couldn't care less if someone violates it. I'm certainly not gonna waste my limited time on this earth going to court over it.
Indeed. Which I consider to be a real loss.
The same governments that let you 'own' physical items are the ones who say you can 'own' IP as well.
If they didn't - and didn't back it up with force - you wouldn't 'own' anything at all. Cherry picking which version of ownership is 'absurd' is an exercise in futility, since it's not up to you.
Whether or not the world conforms to their made up copyright reality isn't really up to them either. The simple fact is: information, once discovered, is infinitely copyable. No amount of lobbying is ever gonna change that. People are still gonna train AI models with "their" data and there's nothing they can do about it short of destroying free computing as we know it by making it so we can only execute software they approve. Surely you don't want that, fellow Hacker News user, given that such tyranny is the antithesis of everything the word "hacker" stands for.
You seem to be confusing possession with ownership.
Ownership is the social relationship by which you exert control independent of immediate possession, but you’ve just described how you can maintain possession.
You know what's funny? In my country, Apple's security is more effective at deterring criminals than any of this "ownership" crap. A stolen iPhone is basically a brick that's worthless to anyone else. So they'd rather target Android phones instead which they can more easily reset and pass off as some used phone they own.
However, the shared delusion makes the world go round as-is.
OK, "copyright bad", "intellectual property rights bad", so what's the alternative?
I already do. Dollars? It's just paper, not even backed by anything. People believe in it so it has value for the time being. It will literally go to zero if people stop believing in it though.
It was hard for me to accept these truths. I don't post them here lightly.
> However, the shared delusion makes the world go round as-is.
People who choose to believe in delusions don't get to complain when reality inevitably comes creeping in.
> OK, "copyright bad", "intellectual property rights bad", so what's the alternative?
Post scarcity. Automate everything and provide abundance, eliminating the need for an economy to begin with.
To offset that nitpicky line above a genuine question: if I were to produce a work and share it with you directly, in private, and perhaps for good measure clarify to you that I am only sharing it with you personally to hopefully get your feedback on whatever it is that I made, and that I do not want you to do anything else with it than the minimum that would be required to fulfil that purpose.
Wouldn't you then see any natural wrong in sharing my work with others or even the broader public, regardless?
Every single piece of idea is public domain from their inception. Actually, all ideas already exist, we humans just discover them. Ideas are information, information is bits and bits are numbers. All numbers already exist, and all "creation" is merely discovering those numbers.
Any assignment of ownership obviously happens after the fact and are completely ineffectual, especially in the 21st century, the age of information and networked computers with infinite ability to copy bits at negligible costs. The technology really exposes that sham for what it really is and it's a shame how everyone reacts by trying to destroy the perfectly good technology instead of fixing the fraud that is "intellectual property".
> Wouldn't you then see any natural wrong in sharing my work with others or even the broader public, regardless?
I'd see it as a very rude thing to do to you personally. Simply because you asked me not to do it and I generally try to be nice and respect people.
A natural universal ideological wrong though? No. Plenty of people publish the private communications they receive. It's just information. Publishing it might hurt my social standing with you buf I personally don't believe in anyone ever going to jail over it.
It would require an unthinkable near unanimous societal willingness and cooperation, such comprehensive planning to the likes of which I believe humanity is practically incapable of today with currently available tools and mindsets, an ultra-careful and yet pertinacious iterative implementation process that will probably need to take place over a multi-generational timeframe.
If, however, we would somehow pull all that off and manage to rework our world into one that is entirely formed around the philosophy you describe above, then I am fully convinced that not only humanity, but also our planet and in fact the rest of the universe too would be better off for it.
AI won't be able to automate anything if we use the legal system to forcefully reduce the size of its training set by 99.999%
thankfully Moore's law is dead
> That way there's nothing they can do about it unless they up the tyranny 1000x and destroy our freedom to execute any software we want on our own machines.
I'd probably prefer this to a world where all knowledge workers become permanently destitute
and I suspect the vast majority of the world's electorates will agree
(do people prefer being able to eat over some ability to run software on their computer? I suspect so)
I think that's nowhere near obvious. But we will see. At this point, everyone is just guessing.
If someone said “for the sake of progress we just REALLY need to use this GPL’d code in our proprietary closed source app”, I don’t think that would fly around here.
Musicians don't pay royalties to every other musician they've ever listened to, but that's literally their training data, the brain is just a large neural network.
They used content as training data and now selling access to model based on this training data. How this is not "making profit off other people work"?
A musician is just a big neural network, and they sell content that is nothing but the product of all their influences, of all the music they listened to.
I don't see a difference between a musician making music after having listened to thousand of hours of music throughout their lives and an AI generating music.
It's the same thing, in one case you have neurons made out of flesh, in the other neurons made of transistors and code.
"siphoning knowledge and effort off of millions of others."
how is a regular artist not doing the exact same thing?
Compare that to AI. It doesn't do any actual "art" work to become an artist, nor do the people who train it, it just sucks up what's fed into it, without the consent of the creators. Then, it can create much, much faster than an artist without breaks and without pay, and it is owned and directed by a huge faceless company as, effectively, a fleet of mindless slaves, diminishing the livelihoods of the very people absolutely essential in training the model.
From a moral perspective, all you really need to ask is, would these artists have consented to this training if they knew mindless AI slaves would replace them?
Why it should be the same for one regular person and for profit-aimed corporation that did not bother to get consent from authors?
Arguably that's because putting GPL code in a proprietary app is making a free thing closed. FWIW, I don't like proprietary AI models either, but I think open-source ones shouldn't be hampered by the copyright mafia.
Best dynamite all the bridges because I sure haven't paid any of the (now quite-long-dead) people who put them up.
Why is everyone in AI so open to stealing people's work and why do y'all think "ai" is something with a mind of its own that just runs about and does things? It's a software product and the companies owning it must play by the rules. Period.
> why do y'all think "ai" is something with a mind of its own that just runs about and does things?
Because GPT-4 is already capable of doing this (very poorly) if incorporated into a larger system that provides it with REPLs, internet access, an initial goal, and some form of memory. GPT-5 will be more capable, and AI will only get better at this.
However the difference between ai and nfts is that ai is powerful and much needed. But there needs to be rules to the game.
Also playing by these rules means better ai. It means that instead of spewing content it would actually have to learn, and the result would be a far more accurate and far more reliable output.
That's where we should be.
That's how people comparing ai to humans sound.
Because it is no more "stealing" than when a human learns from other people's work, and then makes a profit off of it.
> the companies owning it must play by the rules
Nobody has proven that they are breaking any rules.
I am not saying that it is exactly the same.
Instead, I am saying that if a human can profit from other people's work, by learning from it, then there are clearly exceptions to this idea that using other people's work, for any reason at all, is "stealing".
It is perfectly legal to use other people's work, for all sort of things. Its not stealing, in many situations.
This hard rule that you have made up, is clearly not the situation, and using your hard rule, where you just call all of it "stealing" would similarly apply to all sorts of other, completely allowed behavior that nobody thinks is "stealing".
> but humans also pay to learn
Nobody is going to successfully be able to sue you, because you downloaded their publicly accessible work, and learn from it, actually.
If you release your creative works, for people to consume, and people consume it, then they are similarly allowed to learn from it.
For the most part it's covered by contracts, terms, agreements, laws, and so on. Except where it doesn't really matter.
Ai is software. Data models are software. It's output is a product.
Actually, its mostly covered by the "laws" part, and the laws allow people to use other people work, all of the time, even if the person doesn't want you to use and, and there was no agreement to allow it.
That is what I am saying. I am saying that it is legal, in all sorts of situations, to use other people's work even if they object/don't want you to.
No, actually there are many situations where the terms and conditions can be completely ignored, and people can use other people's works without permission, or without caring about the terms and conditions.
> They are more than welcome to use content within their constraints.
No, they can ignore the constraints, because the law allows people to use other people's works, without getting permission, and without following the constraints of the original creator.
> The people that build data models are required to follow laws
The point is that the law allows people to ignore the wishes of the original creators, and use their creative work, in many situations, while ignoring what the original creators want or has authorized.
I'd like you to learn more about LLMs then, because under the definition you want to make, you are 'software'.
Also, we made libraries so people could learn for free without being beholden to their capitalist masters.
Naturally. If you copy the "free" content from those libraries and resell it you are committing plagiarism.
Just because something can mimick humans it doesn't meant they are humans. ML is just that, software. There's too much pareidolia out there in AI. Sad, because it's a great concept gradually getting bastardised.
I swear that people on this thread want to create the world envisioned in 'the right to read'.
- Entirely remove intellectual property protection granted by copyright,
- Music is freely copiable. Not like we’re making much money with it anymore.
- Software is free by default. Use SAAS if you don’t want to give away your IP. Did you disclose your code? Too bad, ideas can’t be prevented from being copied.
- No more patent trolls. Find another way to fund drug research.
- AI can train on anything. We make a big leap forward.
What a lot of AI folks don't understand is that the joy is frequently in the process itself, very seldom in the outcome/result of a process.
That's fine if you prefer that.
But other people prefer a different process (such as using AI), and that's totally OK.
It's not that they have a problem with derivative work. It's a huge part of their catalog. They'd just rather train software on their digital assets and use it to further optimize their own product. Why would they want to help others do the same?
I doubt popular music fans are going to consciously prefer "JamBot69" over "Band of Hot and Interesting People", but will they know if the latter had their songs penned or "improved" by the former?
Oh right, in most cases, it's actually the majors themselves.
lol
What's your take on AI training?
To me, there's this new thing in the world. Are you going to try and stop it (unlikely), drop out (barely possible in a networked world), or try to make it work for you?
Ie themselves.
If there's a potential for it to be fair-use, the researcher can scrape the data any way they can get their hands on it. Universal is certainly able to ask specific channels to refrain from facilitating this use case, but that won't stop the training (it'll just make it necessary to go through the analog hole and slow it down a bit).
Users are going to gravitate to whatever works best, and ever twas it thus.
The beauty of monetizing ideas is you can assign any dollar value you want to them, because the whole idea that ideas have dollar values is, itself, a made-up idea.
However, it seems they learned nothing from the Napster/mp3 era.
The genie is out of the bottle. Movie industry will follow suit to try and prevent script writing in "the style of <insert director here>"
People love to draw the analogy to human listening, and while in principle I agree, the AI is still not human and the argument isn't necessarily valid - it needs arguments to why it's valid, too.
It could be worth considering: humans are [ostensibly, I claim] intelligent by default. There are obviously different details of scenarios, but humans can learn to speak by just being around their immediate family; they may only read a few dozen books in their lifetime; they can appreciate music listening to their very first album.
AI (at least the current rendition of it) is trained on a massive collection of data before we could even start to claim they are intelligent. You can't take an empty neural network and have it listen to a single album and it gets anything worthwhile out of that. It can't read a few dozen books and be able to do much of anything. It needs a much, much larger data set before we would even think of saying it was intelligent.
So I think, to compare a human listening to an album, and a trained AI system listening to an album, yes, those two things might be reasonably analogous. But to even get the AI system to that point, it needed to be built up using a huge quantity of data. Do the copyright holders on that data concur with that training usage? I think, in that respect, there is a difference compared to a human listening to a recording.
Randomly pontificating in a discussion forum here; not offering a well-thought-out plan for everyone to live by!
This still relies on the implicit assumption that AI and human mind work the same way. While AI and humans may generate similar-looking results, and need a similar amount of data fed into them, is that really enough evidence that they work the same way, and should therefore be treated the same way?
Additionally, this analogy is ignoring the fact that human mind cannot be replicated, scaled and automated, while an AI can. Isn't that aspect highly relevant in case of producing content?
But even at that point, I would agree, the analogy still may have holes in it.
The trained AI model is a digital artifact that can be copied and distributed in a way that 'me listening to the music' cannot. The model contains detailed information about copyrighted content in a format capable of reconstituting infringing derivative works from a suitable prompt. It's 'really the same as' a huge content archive stored in a proprietary format with some lossy compression.
> The problem occurs if I copy the music.
Yes, I would argue that the 'problem' (copyright infringement) occurs when a trained AI model (essentially a big content archive) is copied and publicly distributed. For a hosted service, I would argue that the infringement occurs when the service copies and distributes an infringing derivative work in response to a prompt.
That's what we think right now. But copyright never anticipated that machines could listen to music, read books, or watch movies. The scale at which machines can consume content, and the extent to which they can remember it, might make it significantly different.
That remains to be seen, legally. I think that if copyright law wants to keep existing it's going to have to treat training as a form of copying.
I fully agree with your statement now. :-)
my work has been ingested into copilot, so every line that copilot has ever output is an unauthorised derivative of my work
if the fair-use question is settled in the way I think it will be: I personally I plan to go after every single person/entity that's ever published code using copilot
$150,000 an infringement, isn't it?
(and if it isn't, well that's the end of copyright entirely)
Not this time.
Not with the music and records industry which has deep pockets and isn't tired of litigation. Google themselves wouldn't even risk it either.
so you take their work, pay them nothing and then use that to output something which then competes with the original work?
sounds like the opposite of "fair use" to me!
Imagine how much human resource is spent trying to preserve profits. Imagine your job is to be a lawyer that slows human progress for short term corporate profits. Imagine you are a judge who has to waste time on this case. Imagine you are a lawmaker and instead of fixing US medical, you are getting lunch with a lobbyist trying to make some variant of AI illegal.
All of those people have an existence that is bad for society. I imagine if you prioritize personal profits, its easy to do the job. Its much harder if your world view involves doing good things for society.
If for no other reason than people are really crafty and nearly optimal for wrecking up each other's business if they put their minds to it. Imagine how much human resource is spent trying to preserve profits... Now imagine how much would be spent on preserving anything without a legal system in place. "Nice house you have, hate to see anything happen to it" etc.
I'm clearly not talking about property rights or criminal law.
If you must, I agree with you. But that wasnt the intention of my comment.
... and infringing a valid copyright willfully for purposes of commercial advantage or private financial gain is a criminal offense in the US (17 U.S.C. 506(A)). It's up to a felony violation.
You can, for personal reasons, assert there's a fundamental difference in kind (and you'd be joining an argument dating back past the founding of the U.S., an argument where Thomas Jefferson once said of protection of intellectual property that "other nations have thought that these monopolies produce more embarrassment than advantage to society"), but in the sense that any law has any real meaning or force, it's exactly as much the law as the law against kicking you out of your own house because I like your house better.
This is literally a property rights case, so if your comment wasn’t about property rights it was wildly out of context.
This may eventually result in regular music subscriptions being priced closer to sample pricing.
Fancy coming from UMG sitting on the moral high ground that they do... /s
Anybody will be able to let their computer listen to one Metallica record and say "Do you hear this? This is called heavy metal. Can you make an album like this? With distorted guitars, a screaming singer and heavy drums?" and the AI will understand the whole concept and make a new heavy metal album.