Comment: AI tools like ChatGPT are built around mass copyright infringement.


Zainab Choudhry is a startup founder who has worked in law, technology and media in New York and Toronto.

The old world where only the human mind evolved to create stories, art, music and poetry no longer exists.

We have now entered the era of generative artificial intelligence, a type of AI that can create new content based on existing content collections that it has been “fed” and trained on. In this new era, generative AI developers are building the brains of these machines by training them on past and present human-created content, from Shakespeare to Atwood, Caravaggio to Koons. So far we’ve been impressed by the innovations that generative AI tools like ChatGPT have produced, but this use of AI raises critical ethical and legal questions.

A huge amount of data is required to train a generative AI program like ChatGPT, and in order to build these tools cheaply and quickly, developers are engaging in massive copyright infringement. These datasets are mostly created by combing and scraping the internet. Each Content types, from articles, books and works of art to our Photos and tweets. These methods raise some big questions: Is it legal to train general AI models with our copyrighted content? Does using copyrighted content for training AI fall under fair use exceptions in the United States and fair dealing in Canada? Are we entitled to compensation when our work is fed into the machines?

As a former copyright startup founder armed with a law degree and a long career at the intersection of intellectual property (IP) law, media, and technology, I know that the laws broadly boil down to one central concept: using someone else’s original content. You must obtain their consent, barring certain exceptions. In my opinion, using copyrighted content to train generative AI without permission easily falls under copyright infringement.. If you train a generative AI model on the content of a particular painter or poet’s work or a singer’s voice, the AI ​​will do a pretty good job of replicating the exact content and style of those paintings, poems or sounds in the new works. creates. With its lightning-fast, generative AI training and authoring capabilities, a new book can be written by a human author like never before.

Clearly, we need legal protection for authors, artists, and content creators who don’t want their work used in training AI. But for now it’s the wild west. The developers of Generative AI show no respect for copyrighted content or seek permission from authors and artists to use their content, and certainly no compensation is provided. as a He killed The latest Copyright infringement Charges On the developers of creative AI appeared, I hope the protections in our copyright laws are protected. However, relying solely on precedent in this area is dangerous, with two major problems. First, cases and appeals take a long time to cycle through to the Supreme Court. Second, our collective IP is at risk: a weak case can set us up for failure if the preconditions for our intellectual protections are not in place.

As we enter this new landscape, the best way to address any AI legal concerns is to develop new laws and regulations rather than interpret existing ones. Our current copyright laws were not created with AI and its capabilities in mind. Time is of the essence, and Trying to control the content created by AI It’s like cutting off the head of a Hydra. Instead of playing catch-up, we need to fix the generator AI on the source: the training data. We must protect our intellectual property, and limit the ability of generative AI developers to freely steal our brains without permission or compensation.

In many cases, people want Generative AI can be a very useful tool. But we can’t ignore that creative AI. interests Content created by people to train – not a symbiotic relationship. Controlling AI training data while allowing ethically and legally sourced content is essential to a healthy technological future.

Generative AI is the genie that has given us endless ambitions in our quest for new content, but it’s the genie we can’t put back in the bottle. We are now in the new world, and there is no going back to the old creation—the way of man. But we still have the opportunity to really control the generative AI tools and the data they’re trained on. Until then, I will continue to post my own work as copyrighted, keeping my fingers crossed that this designation will be useful in the future.

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