But including your art in the training data is fair use (or otherwise exempt) by most standards, as no reproduction occurs. You are advocating for a change to IP law to make it more restrictive.
In addition, the idea that you need to pay rent on *your observation* of someone else's work is absurd. No one pays Newton's descendants for making lifts or hosting bungee jump sport activities.
So would the model work if it only trained on the top 10% of pixels in every image? Or do they in fact need the entire image before they begin processing it, and therefore use the entire image?
> In addition, the idea that you need to pay rent on your observation of someone else's work is absurd.
I agree that's absurd. But training a model is no more "observing images" than an F1 car is "walking" down a race track. Just because a race car uses kinetic energy, gravity, and friction to propel itself, the same way a human does, doesn't mean it's doing the same thing as a human. That comparison you're making is the real absurdity.
Or a more realistic scenario: what if I translate it to Spanish without license from the author? That's not allowed, and yet I have "transformed" the work in the same way that an LLM does.
Like LLM's, it retains the produced index but not the original data.
The big concern is whether producing an LLM is competing with artists directly, but as artists dont make LLMs, this seems to be consistently ruled as non competing.
People _do_ use LLMs to make art in someone else's style (knowingly or unknowingly) and claim it as their own creation.
Also, I wouldn't say the creators of LLMs are competing with artists. The users of LLMs are. Arists don't make LLMs, they make art, and people who use midjourney and such make art.
But I'd argue that creators of LLMs are still liable for the harm people cause using their tools. Perhaps not legally, but certainly ethically.
The four factors of fair use in the US:
> the purpose and character of your use
Commercial, for-profit. Not scholarship, not research, not commentary, not parody, etc.
> the nature of the copyrighted work
Absolutely everything. Artistic, creative, not purely factual.
> the amount and substantiality of the portion taken, and
All of it, from everyone.
> the effect of the use upon the potential market.
Directly competing with those whose data was copied.
An LLM doesnt compete with Art the same way that Photoshop doesnt compete with Art.
>All of it, from everyone.
With the result that anything produced by the LLM does not reproduce any single source in its entirety (and where compelled if they are able to do that is a bug not a feature)
Fair use is too specific tbh, rather than ruling it fair use (which seems to be where things are going) it should just be ruled "use". There's nothing wrong with building a mathematical model using available data.
Yes, it does. Many people are using AI-generated works in places where they originally would have either paid an artist, programmer, or other creative professional, or done without. Many companies are claiming to reduce staff because of AI (whether that's true or an excuse). There is plenty of evidence that AI is directly competing with various individuals, businesses, and industries.
> With the result that anything produced by the LLM does not reproduce any single source in its entirety
You do not have to reproduce sources in their entirety to produce derivative works.
> All of it, from everyone.
Yea I'd like to see how drawing two circles violates the copyright of drawing one circle!
It shouldn't be!
