“There are a lot of questions that AI creates for almost every aspect of society, but this narrow focus on copyright as the tool to deal with it, I think, is really misplaced.”
One way to look at this problem is to claim that lawful access is irrelevant to inspiration, an argument Masnick recently made. “If a musician were inspired to create music in a certain genre after hearing pirated songs in that genre, would that make the songs they created infringing?” he wrote.
Masnick’s worry is that some stricter imagining of copyright infringement, aiming to rein in generative AI, could have an unintended chilling effect on creativity. Earlier this year, the US Copyright Officeto investigate AI issues. “I fear that saying ‘we can’t learn from these other artists without compensating them,’ creates really big problems for the way that that art is created and the way that content creators learn,” he says.
On the other hand, if someone spends years writing a novel, shouldn't copyright ensure that they are compensated if someone else uses their works for commercial purposes? “You could frame this as undermining the incentives of the copyright system,” says Sag.
Another possible future sees artists asked to opt in to allowing their work to be used as training data. Roblox, which has been cautious with its in-house tools, is considering a model like this for content made by its users, while Adobe has been
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