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Potential Supreme Court clash looms over copyright issues in generative AI training data

Sep 06, 2023 - venturebeat.com
The article discusses the legal issues surrounding the use of copyrighted data in training generative AI models. Experts predict that these issues could lead to a wave of litigation and potentially reach the Supreme Court. The use of copyrighted content without consent in training large language and diffusion models has led to an increase in lawsuits from artists, authors, and other creative professionals. Big Tech companies like OpenAI have been preparing for long legal battles. The article also highlights the debate over whether the use of copyrighted material falls under "fair use" in U.S. copyright law.

The article suggests that if a judicial ruling found that generative AI could not be trained on copyrighted works, it would have significant implications for the industry. It would mean all existing models would need to be audited to identify all the training data at issue. The article also discusses the potential role of the Federal Trade Commission in these disputes and the possibility of retraining generative AI models. The outcome of these legal battles could shape the future of innovation and the commercial world.

Key takeaways:

  • Generative AI, which uses trillions of data points including copyrighted content, is predicted to face a wave of litigation over copyright issues.
  • Experts believe that a generative AI case could potentially be taken up by the Supreme Court, as the interests involved are significant.
  • Generative AI has led to a growing alarm among artists, authors, and other creative professionals concerned about the use of their copyrighted works in AI training datasets.
  • Legal experts argue that the use of copyrighted material in generative AI could potentially negatively impact the commercial value of the original work or impede opportunities for the copyright holder to exploit their work in the market.
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