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
As someone who researched AI pre-GPT to enhance human creativity and aid in creative workflows, it’s sad for me to see the direction it’s been marketed, but not surprised. I’m personally excited by the tech because I personally see a really positive place for it where the data usage is arguably justified, but we either need to break through the current applications of it which seems more aimed at stock prices and wow-factoring the public instead of using them for what they’re best at.
The whole exciting part of these was that it could convert unstructured inputs into natural language and structured outputs. Translation tasks (broad definition of translation), extracting key data points in unstructured data, language tasks. It’s outstanding for the NLP tasks we struggled with previously, and these tasks are highly transformative or any inputs, it purely relies on structural patterns. I think few people would argue NLP tasks are infringing on the copyright owner.
But I can at least see how moving the direction toward (particularly with MoE approaches) using Q&A data to support generating Q&A outputs, media data to support generating media outputs, using code data to support generating code, this moves toward the territory of affecting sales and using someone’s IP to compete against them. From a technical perspective, I understand how LLMs are not really copying, but the way they are marketed and tuned seems to be more and more intended to use people’s data to compete against them, which is dubious at best.