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Who do you think should hold the copyright on the model weights, the copyright holders of the individual works comprising the dataset or the ones who assembled

by jj999 3y ago

Who do you think should hold the copyright on the model weights, the copyright holders of the individual works comprising the dataset or the ones who assembled the dataset?

XorNot 3y ago
Depends who you think holds the copyright on the SHA256 hash of an image. Model weights are even less specific then that number, since they don't represent any specific source input at all.
shagie 3y ago
I don't think that model weights are copyrightable. They're a mathematical transformation of the source material. As a trivial example, applying gray = .299 r + .587 g + .114 b to a pixel is also a mathematical transformation but it doesn't create a new copyright. And thus, the model is a mathematical transformation and a derivative work of its source material. However I am also of the opinion that the resulting model is sufficiently transformative and fills a different purpose than the source material and so the model is not infringing. From the Perfect 10 case against Google and Amazon: > …We conclude that the significantly transformative nature of Google's search engine, particularly in light of its public benefit, outweighs Google's superseding and commercial uses of the thumbnails in this case. … We are also mindful of the Supreme Court's direction that "the more transformative the new work, the less will be the significance of other factors, like commercialism, that may weigh against a finding of fair use." That was dealing with thumbnails being used in search and it was found that thumbnails being used for search was sufficiently transformative and applied to a different purpose that Google's use didn't infringe. I believe that a model is even more transformative given that bar. That doesn't mean that the output of the model isn't infringing, but that's a human with agency creating and publishing that output which is a different artifact to be considered than the model weights.
- satvikpendem 3y ago
  Indeed. Inputs are likely fair use but if you output Mickey Mouse, Disney will definitely he on you. I think that's the most sensible approach, as anyone can use a tool like a pencil to draw anything they want, doesn't mean that they'll get away with creating a drawing of Mickey and saying they own the copyright.

by jj999 3y ago

Who do you think should hold the copyright on the model weights, the copyright holders of the individual works comprising the dataset or the ones who assembled the dataset?

XorNot 3y ago

Depends who you think holds the copyright on the SHA256 hash of an image. Model weights are even less specific then that number, since they don't represent any specific source input at all.

shagie 3y ago

I don't think that model weights are copyrightable. They're a mathematical transformation of the source material. As a trivial example, applying gray = .299 r + .587 g + .114 b to a pixel is also a mathematical transformation but it doesn't create a new copyright. And thus, the model is a mathematical transformation and a derivative work of its source material. However I am also of the opinion that the resulting model is sufficiently transformative and fills a different purpose than the source material and so the model is not infringing. From the Perfect 10 case against Google and Amazon: > …We conclude that the significantly transformative nature of Google's search engine, particularly in light of its public benefit, outweighs Google's superseding and commercial uses of the thumbnails in this case. … We are also mindful of the Supreme Court's direction that "the more transformative the new work, the less will be the significance of other factors, like commercialism, that may weigh against a finding of fair use." That was dealing with thumbnails being used in search and it was found that thumbnails being used for search was sufficiently transformative and applied to a different purpose that Google's use didn't infringe. I believe that a model is even more transformative given that bar. That doesn't mean that the output of the model isn't infringing, but that's a human with agency creating and publishing that output which is a different artifact to be considered than the model weights.

satvikpendem 3y ago
Indeed. Inputs are likely fair use but if you output Mickey Mouse, Disney will definitely he on you. I think that's the most sensible approach, as anyone can use a tool like a pencil to draw anything they want, doesn't mean that they'll get away with creating a drawing of Mickey and saying they own the copyright.