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> Can someone explain again how an ML system scanning and training on a copyrighted work is different from a highly skilled artist doing the same? Three thing
by _petronius 3y ago
> Can someone explain again how an ML system scanning and training on a copyrighted work is different from a highly skilled artist doing the same?
Three things immediately spring to mind: scale (1), accountability (2), and profit (3).
1. An automated system can train on data at huge volume, in a way that no single human is capable of doing. Setting aside the issue that training an ML model and artists learning by copying techniques of other artists is, I would argue, fundamentally different acts, _even if we take them to be the same_, we have to acknowledge that in a single human lifetime one person can only "train" on so many works. Automated systems have no such limitation.
2. If an artist violates copyright or oversteps norms around artistic professional practice, they can be held accountable. Companies which violate this by using automated systems so far hide behind those systems ("the AI is doing it/did it") so aren't held responsible (it should be: the company has built the system, and therefore is responsible for how it is used, and what it does). By building up this false sense of agency on the part of systems (which the marketing term "AI" is designed to bolster), lack of accountability is laundered into the actions being taken at scale.
3. Automated systems are, due to their scale, very profitable. I can generate hundreds or thousands of copyright-violating work that dilute the market for artists, and it is incredibly cheap to do so. Fighting those copyright violations in court has to be done more or less on an individual basis (especially if actions like that in the original article continue to fail), which is extremely slow and expensive. If the cost of violating copyright is tiny, and the cost of enforcing it is huge, then it ceases to be a useful tool except for the most well-resourced organizations.
> It seems an ML tool could add a filter to the output and refuse to output a work that too closely resembles one or more work under copyright. Isn't that basically what legitimate professional artists do as well?
No, because copyright is more complicated than "these two things look a lot alike", and legitimate professional artists don't run into this issue, because they aren't constantly trying to skirt the line of "as close as possible to copyright violation while still getting away with it".
> Thousands of artists are capable of infringement, but we don't take away their brushes based on capability.
But they do get sued when they infringe! Enforcement happens, because (for now) it is still possible for independent artists to enforce their copyrights. The argument being made by artists with regard to these ML models is that _they are already infringing copyright_, not that they hypothetically may in the future.