Those claiming AI training on copyrighted works is “theft” misunderstand key aspects of copyright law and AI technology. Copyright protects specific expressions of ideas, not the ideas themselves. When AI systems ingest copyrighted works, they’re extracting general patterns and concepts - the “Bob Dylan-ness” or “Hemingway-ness” - not copying specific text or images.
This process is akin to how humans learn by reading widely and absorbing styles and techniques, rather than memorizing and reproducing exact passages. The AI discards the original text, keeping only abstract representations in “vector space”. When generating new content, the AI isn’t recreating copyrighted works, but producing new expressions inspired by the concepts it’s learned.
This is fundamentally different from copying a book or song. It’s more like the long-standing artistic tradition of being influenced by others’ work. The law has always recognized that ideas themselves can’t be owned - only particular expressions of them.
Moreover, there’s precedent for this kind of use being considered “transformative” and thus fair use. The Google Books project, which scanned millions of books to create a searchable index, was ruled legal despite protests from authors and publishers. AI training is arguably even more transformative.
While it’s understandable that creators feel uneasy about this new technology, labeling it “theft” is both legally and technically inaccurate. We may need new ways to support and compensate creators in the AI age, but that doesn’t make the current use of copyrighted works for AI training illegal or unethical.
For those interested, this argument is nicely laid out by Damien Riehl in FLOSS Weekly episode 744. https://twit.tv/shows/floss-weekly/episodes/744
…within a capitalistic framework.
Humans are creative creatures and will express themselves regardless of economic incentives. We don’t have to transmute ideas into capital just because they have “value”.
Sorry buddy, but that capitalistic framework is where we all have to exist for the forseeable future.
Giving corporations more power is not going to help us end that.
I don’t think they’re advocating for more capitalism.
You’re not wrong.
The kind of art humanity creates is skewed a lot by the need for it to be marketable, and then sold in order to be worth doing.
But copyright is better than nothing, and this exemption would straight up be even worse than nothing.
Humans are indeed creative by nature, we like making things. What we don’t naturally do is publish, broadcast and preserve our work.
Society is iterative. What we build today, we build mostly out of what those who came before us built. We tell our versions of our forefathers’ stories, we build new and improved versions of our forefather’s machines.
A purely capitalistic society would have infinite copyright and patent durations, this idea is mine, it belongs to me, no one can ever have it, my family and only my family will profit from it forever. Nothing ever improves because improving on an old idea devalues the old idea, and the landed gentry can’t allow that.
A purely communist society immediately enters whatever anyone creates into the public domain. The guy who revolutionizes energy production making everyone’s lives better is paid the same as a janitor. So why go through all the effort? Just sweep the floors.
At least as designed, our idea of copyright is a compromise. If you have an idea, we will grant you a limited time to exclusively profit from your idea. You may allow others to also profit at your discretion; you can grant licenses, but that’s up to you. After the time is up, your idea enters the public domain, and becomes the property and heritage of humanity, just like the Epic of Gilgamesh. Others are free to reproduce and iterate upon your ideas.
I think you have your janitor example backwards. Spending my time revolutionizing energy productions sounds much more enjoyable than sweeping floors. Same with designing an effective floor sweeping robot.
I’d agree, but here’s one issue with that: we live in reality, not in a post-capitalist dreamworld.
Creativity takes up a lot of time from the individual, while a lot of us are already working two or even three jobs, all on top of art. A lot of us have to heavily compromise on a lot of things, or even give up our dreams because we don’t have the time for that. Sure, you get the occasional “legendary metal guitarist practiced so much he even went to the toilet with a guitar”, but many are so tired from their main job, they instead just give up.
Developing game while having a full-time job feels like crunching 24/7, while only around 4 is going towards that goal, which includes work done on my smartphone at my job. Others just outright give up. This shouldn’t be the normal for up and coming artists.
That’s why we should look for good solutions to societal problems, and not fall back on bad “solutions” just because that’s what we’re used to. I’m not against the idea of copyright existing. But copyright as it exists today is stifling and counterproductive for most creative endeavors. We do live in reality, but I don’t believe it is the only possible reality. We’re not getting to Star Trek Space Communism™ anytime soon and honestly I like the idea of owning stuff. That doesn’t mean that there aren’t concrete steps we can and should take right now in the present reality to make things better. And for that to happen we need to get our priorities and philosophies straight. Philosophies which for me include a robust public commons, the inability to own ideas outright, and the ability to take and transform art and culture. Otherwise, we’re just falling into the “temporarily embarrassed millionaires” mindset but for art and culture.
Honestly, that’s why open source AI is such a good thing for small creatives. Hate it or love it, anyone wielding AI with the intention to make new expression will be much more safe and efficient to succeed until they can grow big enough to hire a team with specialists. People often look at those at the top but ignore the things that can grow from the bottom and actually create more creative expression.
One issue is, many open source AI also tries to ape whatever the big ones are doing at the moment, with the most outrageous example is one that generates a timelapse for AI art.
There’s also tools that especially were created with artists in mind, but they’re less popular due to the average person cannot use it as easily as the prompter machines, nor promise the end of “people with fake jobs” (boomers like generative AI for this reason).