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
The reality is that people hate the corporations using creative peoples works to try and make their jobs basically obsolete and they grab onto anything to fight against it, even if it’s a bit of a stretch.
I’d hate a world lacking real human creativity.
Me too, but real human creativity comes from having the time and space to rest and think properly. Automation is the only reason we have as much leisure time as we do on a societal scale now, and AI just allows us to automate more menial tasks.
Do you know where AI is actually being used the most right now? Automating away customer service jobs, automatic form filling, translation, and other really boring but necessary tasks that computers used to be really bad at before neural networks.
And some automation I have no problems with. However, if corporations would rather use AI than hire creatives, the creatives will have to look for other work and likely won’t have a space to express their creativity, not at work nor during leisure time (no time, exhaustion, etc.). Something should be done so it doesn’t go there. Preemptively. Not after everything’s gone to shit. I don’t see the people defending AI from the copyright stuff even acknowledging the issue. Holding up the copyright card, currently, is the easiest way to try an avoid this happening.