Training Is Everything: Artificial Intelligence, Copyright, and Fair
Training
- URL: http://arxiv.org/abs/2305.03720v1
- Date: Thu, 4 May 2023 04:01:00 GMT
- Title: Training Is Everything: Artificial Intelligence, Copyright, and Fair
Training
- Authors: Andrew W. Torrance and Bill Tomlinson
- Abstract summary: Authors: Companies that use such content to train their AI engine often believe such usage should be considered "fair use"
Authors: 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.
We identify both strong and spurious arguments on both sides of this debate.
- Score: 9.653656920225858
- License: http://creativecommons.org/licenses/by-nc-nd/4.0/
- Abstract: 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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