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this post was submitted on 22 Aug 2023
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I don't get why this is an issue. Assuming they purchased a legal copy that it was trained on then what's the problem? Like really. What does it matter that it knows a certain book from cover to cover or is able to imitate art styles etc. That's exactly what people do too. We're just not quite as good at it.
A copyright holder has the right to control who has the right to create derivative works based on their copyright. If you want to take someone's copyright and use it to create something else, you need permission from the copyright holder.
The one major exception is Fair Use. It is unlikely that AI training is a fair use. However this point has not been adjudicated in a court as far as I am aware.
It is not a derivative it is transformative work. Just like human artists "synthesise" art they see around them and make new art, so do LLMs.
LLMs don’t create anything new. They have limited access to what they can be based on, and all assumptions made by it are based on that data. They do not learn new things or present new ideas. Only ideas that have been already done and are present in their training.
Transformative works are not a thing.
If you copy the copyrightable elements of another work, you have created a derivative work. That work needs to be transformative in order to be eligible for its own copyright, but being transformative alone is not enough to make it non-infringing.
There are four fair use factors. Transformativeness is only considered by one of them. That is not enough to make a fair use.
Somebody better let YouTube content creators know that. /s