Training Is Everything: Artificial Intelligence, Copyright, and Fair Training

To learn how to behave, the current revolutionary generation of AIs must be trained on vast quantities of published images, written works, and sounds, many of which fall within the core subject matter of copyright law. To some, the use of copyrighted works as training sets for AI is merely a transitory and non-consumptive use that does not materially interfere with owners' content or copyrights protecting it. Companies that use such content to train their AI engine often believe such usage should be considered "fair use" under United States law (sometimes known as "fair dealing" in other countries). By contrast, many copyright owners, as well as their supporters, consider the incorporation of copyrighted works into training sets for AI to constitute misappropriation of owners' intellectual property, and, thus, decidedly not fair use under the law. This debate is vital to the future trajectory of AI and its applications. In this article, we analyze the arguments in favor of, and against, viewing the use of copyrighted works in training sets for AI as fair use. We call this form of fair use "fair training". We identify both strong and spurious arguments on both sides of this debate. In addition, we attempt to take a broader perspective, weighing the societal costs (e.g., replacement of certain forms of human employment) and benefits (e.g., the possibility of novel AI-based approaches to global issues such as environmental disruption) of allowing AI to make easy use of copyrighted works as training sets to facilitate the development, improvement, adoption, and diffusion of AI. Finally, we suggest that the debate over AI and copyrighted works may be a tempest in a teapot when placed in the wider context of massive societal challenges such as poverty, equality, climate change, and loss of biodiversity, to which AI may be part of the solution.

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References (10)

01If an AI-artist sells or displays AI-art that is substantially similar to the underlying work
02If the reproduced work is commercial in nature, the work is presumed to be unfair
03Jasmine Abdel-khalik, Visual Appropriation Art, Transformativeness, and Fungibility, 482020 · AIPLA Q.J
04Oracle America Inc.: The Court's New Definition of "Transformative" Expands the Fair Use Defense, 172022 · J. Bus. & Tech. L
05AI Can Create Art, but Can It Own Copyright in It, or Infringe?LexisNexis: Practical Guidance Journal
06Does Training Ai Violate Copyright Law?, 36 Berkeley Tech2021 · L.J
07See generally Block Search Indexing with 'Noindex', GOOGLE SEARCH CENT
08The court will also consider each factor in relation to the other factors rather than by itself
09) (describing how users can use a noindex meta tag "to prevent indexing content by search engines that support the noindex rule
10This factor recognizes that some works are more protected than others under copyright law because they fulfill the purpose of copyrights, to 'promote the sciences and the arts2022

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