Better Internet Archives - Creative Commons https://creativecommons.org/category/policy/better-internet/ Wed, 07 Feb 2024 22:19:15 +0000 en-US hourly 1 https://wordpress.org/?v=6.3.5 Dispatches from Wikimania: Values for Shaping AI Towards a Better Internet https://creativecommons.org/2024/02/07/dispatches-from-wikimania-values-for-shaping-ai-towards-a-better-internet/?utm_source=rss&utm_medium=rss&utm_campaign=dispatches-from-wikimania-values-for-shaping-ai-towards-a-better-internet Wed, 07 Feb 2024 22:12:48 +0000 https://creativecommons.org/?p=74655 Isolated Araneiform Topography, from UAHiRISE Collection on Flickr. Public Domain Mark. AI is deeply connected to networked digital technologies — from the bazillions of works harvested from the internet to train AI to all the ways AI is shaping our online experience, from generative content to recommendation algorithms and simultaneous translation. Creative Commons engaged participants…

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Isolated Araneiform Topography
Isolated Araneiform Topography, from UAHiRISE Collection on Flickr. Public Domain Mark.

AI is deeply connected to networked digital technologies — from the bazillions of works harvested from the internet to train AI to all the ways AI is shaping our online experience, from generative content to recommendation algorithms and simultaneous translation. Creative Commons engaged participants at Wikimania on August 15, 2023  to shape how AI fits into the people-powered policy agenda of the Movement for a Better Internet.

The session at Wikimania was one of a series of community consultations hosted by Creative Commons in 2023. 

The goal of this session was to brainstorm and prioritize challenges that AI brings to the public interest commons and imagine ways we can meet those challenges. In order to better understand participant perspectives, we used Pol.is, a “real-time survey system, that helps identify the different ways a large group of people think about a divisive or complicated issue.” This system is a powerful way to aggregate and understand people’s opinions through written expression and voting. 

Nate Angell and I both joined the conference virtually, two talking heads on a screen, while the majority of approximately 30 participants joined in-person in Singapore. After introducing the Movement for a Better Internet and asking folks to briefly introduce themselves, we immediately started our first Pol.is with the question: “What are your concerns about AI?” If you’re curious, you can pause here, and try out Pol.is for yourself. 

In Pol.is, participants voted on a set of ten seed statements — statements that we wrote, based on previous community conversations,— they added their own concern statements, and then they voted on concern statements written by their peers in the room. Participants can choose “Agree,” “Disagree,” or “Unsure.” Overall, 31 total people voted and 532 votes were cast (with an average of 17.16 votes per person). 

96% of participants agreed that “Verification of accuracy, truthfulness and provenance of AI-produced content is difficult.” This statement drove the most consensus among all participants in the group. Consensus indicates that people from different opinion groups have a common position, or in other words, people who do not usually agree with each other agree on this topic. The other two most consensus-driving concerns were: “Large-scale use of AI may have a negative impact on the environment” and “I suspect a push for greater copyright control would eventually be appropriated and exploited by big companies. E.g. Apple and privacy.”  

The most divisive statement was: “AI is developing too fast and its impact is unclear.” Divisive implies the areas with the most differing opinions (rather than with the most disagreement, as widespread disagreement is a consensus too).  The other three most divisive statements were also the most unclear statements, with more than 30% voting “Unsure”: “AI can negatively impact the education of students,” “AI can use an artist’s work without explicit permission or knowledge,” and “AI and the companies behind them steal human labor without credit and without pay.” 

Back in our workshop room, we  viewed the data report live, which was somewhat difficult due to limitations in text size. Participants in the room elaborated on their concerns, highlighting why they agreed or disagreed on particular points. 

In the second half of the workshop, we asked participants to imagine ways we can meet one particular challenge. We focused our discussion on the only statement with 100% agreement: “AI makes it easier to create disinformation at scale.” 

Participants were asked to write down their ideas in a shared document, and stand up to share their thoughts in front of the audience. The three major buckets for innovation in this space were education, technical advancement, and cultural advocacy. In education, participants brought up the need for critical thinking education to reinforce the ability to identify reliable sources and AI tools education to allow more people to understand how misinformation is created. Technical projects included developing AI to tackle disinformation, building a framework for evaluating AI tools during development, and creating better monitoring systems for misinformation. Participants also highlighted the need for cultural advocacy, from building the culture of citations and human-generated reference work to policy advocacy to maintain the openness of the commons. 

Creative Commons will continue community consultations with Open Future Foundation in the next month. Sign up and learn more here. 

 

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On Openness & Copyright, EU AI Act Final Version Appears to Include Promising Changes https://creativecommons.org/2023/12/11/on-openness-copyright-eu-ai-act-final-version-appears-to-include-promising-changes/?utm_source=rss&utm_medium=rss&utm_campaign=on-openness-copyright-eu-ai-act-final-version-appears-to-include-promising-changes Mon, 11 Dec 2023 20:00:56 +0000 https://creativecommons.org/?p=74357 The EU’s political institutions announced that they have reached a tentative final agreement. While details are still not finalized and many questions remain regarding treatment of certain high-risk systems, the agreement appears promising relative to the recent Parliament text and from the perspective of supporting open source, open science, as well as on copyright.

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Throughout the last year, Creative Commons has actively engaged in the EU’s development of an AI Act. We welcomed its overall approach, focused on ensuring high-risk systems that use AI are trustworthy and safe. At the same time, we had concerns about the way it might impede better sharing and collaboration on the development of AI systems, and we joined with a coalition of AI developers and advocates offering suggestions for how to improve it. Rather than advocating for blanket exemptions, we supported a graduated, tailored approach – differentiating merely creating, sharing, and doing limited testing of new tools, versus offering a commercial service or otherwise putting powerful AI models into service, particularly at broad scale and impact.

We also raised concerns about late additions to the text related to copyright. While we generally support more transparency around the training data for regulated AI systems, the Parliament’s text included an unclear and impractical obligation to provide information specifically about use of copyrighted works.

This week, the EU’s political institutions announced that they have reached a tentative final agreement. We’re still awaiting a final text, and there are many other issues at stake related to the specific regulations on high-risk systems; a number of civil society organizations have raised concerns with, for example, changes to rules around predictive policing and biometric recognition, among other things.

At the same time, from the initial reported details (including this draft compromise text published by POLITICO), the final agreement appears promising relative to the recent Parliament text and from the perspective of supporting open source, open science, as well as on copyright. The devil is in the details, and we will update our views based on further review of the final text.

Open Source & Open Science

Consistent with our advocacy, the final version appears to clarify that merely providing and collaborating on AI systems under an open license is not covered by the Act, unless they are an AI system regulated by the Act (e.g., a defined “high-risk” system) that is commercially available or put into service.

As the AI Act progressed, focus shifted from particular high-risk systems to general purpose AI models (GPAI), sometimes referred to in terms of “foundation models.” This is a tricky issue, because it could have unintended consequences for a wide variety of beneficial uses of AI. In light of the Parliament’s proposed inclusion of these models, we had advocated for a tiered approach, requiring transparency and documentation of all models while reserving stricter requirements for commercial deployments and those put into service at some level of broad scale and impact.

On the one hand,  the final Act also takes a tiered approach, reserving the strict requirements for models of “high impact” and “systemic risk.” On the other hand, the initial tiering is based on an arbitrary technical threshold, which at best only has a limited relationship to measuring actual real-world impact. Fortunately, it appears this tiering can be updated by regulators in the to-be-created AI Office in the future based on other quantitative and qualitative measures, and we hope that the final rules also appropriately distinguish between development of the pre-trained model, and follow-on, third party developers “fine-tuning” a model.

Interestingly, the draft text will exempt models that do not have “systemic risk” and are “made accessible to the public under a free and open-source license whose parameters, including the weights, the information on the model architecture, and the information on model usage,” with the exception of certain transparency requirements around training data and respect for copyright (see below). This provides further breathing room for open source developers, although it is worth noting that the definition of what constitutes an “open source license” in this context is still a matter of some debate. We hope those continuing discussions will help ensure these protections in the law are applied to those models that, by virtue of their openness, do provide critical transparency that facilitates robust accountability and trustworthy systems.

The exact rules will continue to evolve as the AI Act is implemented in the coming years, and other countries are also considering the role of openness. For instance, the U.S. Department of Commerce is soliciting input on “dual-use foundation models with widely available weights,” pursuant to the White House’s recent Executive Order.

As AI development and regulation continue to evolve next year, we will continue to work with a broad coalition to ensure better support for open source and open science. This fall, we were proud to join with a wide range of organizations and individuals in an additional joint statement emphasizing the importance of openness and transparency in AI – not only because it helps make the technology more accessible, but also because it can support trust, safety and security. We look forward to continuing to work with all stakeholders to make this a reality.

Copyright & Transparency

The final Act appears to take a more flexible approach to transparency around use of training data. Rather than expecting GPAI providers to list every specific work used for training and determine whether it is under copyright, it instead indicates that a summary of the collections and sources of data is enough (for example,  it might be sufficient to state that one uses data from the web contained in Common Crawl’s dataset). The AI Office will create a template for meeting these transparency requirements. We welcome the new wording, which clarifies that the transparency requirement applies to any training data — not only to copyright-protected works. We will continue to engage on this topic to ensure it takes a flexible, proportionate approach, free of overreaching copyright restrictions.

The Act also requires that foundation model providers have policies in place to adhere to the copyright framework. It’s unclear exactly what this means besides restating that they must comply with existing law, including the opt-out stipulated in Article 4(3) of the DSM Directive. If that’s the intent, then it is an appropriate approach. As we said previously:

“We also believe that the existing copyright flexibilities for the use of copyrighted materials as training data must be upheld. The 2019 Directive on Copyright in the Digital Single Market and specifically its provisions on text-and-data mining exceptions for scientific research purposes and for general purposes provide a suitable framework for AI training. They offer legal certainty and strike the right balance between the rights of rightsholders and the freedoms necessary to stimulate scientific research and further creativity and innovation.”

The draft does create some uncertainty here, however. It states that models must comply with these provisions if put into service in the EU market, even if the training takes place elsewhere. On the one hand, the EU wants to avoid situations of “regulatory arbitrage,” where models are trained in a more permissive jurisdiction and then brought into the EU, without complying with EU rules. On the other hand, this threatens to create a situation where most restrictive rules set a global standard; to the extent that simply putting a model into service on a globally accessible website could put a provider in legal jeopardy, it could create uncertainty for developers.

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CC Responds to the United States Copyright Office Notice of Inquiry on Copyright and Artificial Intelligence https://creativecommons.org/2023/11/07/cc-responds-to-the-united-states-copyright-office-notice-of-inquiry-on-copyright-and-artificial-intelligence/?utm_source=rss&utm_medium=rss&utm_campaign=cc-responds-to-the-united-states-copyright-office-notice-of-inquiry-on-copyright-and-artificial-intelligence Tue, 07 Nov 2023 19:44:45 +0000 https://creativecommons.org/?p=74216 In August, the United States Copyright Office issued a Notice of Inquiry seeking public responses to 34 questions (and several sub-questions) about the intersection of copyright law and artificial intelligence. The comment period closed on 30 October with over 10,000 individuals and organizations responding, representing a broad spectrum of interests on how copyright should apply in relation to generative AI. CC joined in the conversation to provide our own thoughts on copyright and AI to the copyright office.

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In August, the United States Copyright Office issued a Notice of Inquiry seeking public responses to 34 questions (and several sub-questions) about the intersection of copyright law and artificial intelligence. The comment period closed on 30 October with over 10,000 individuals and organizations responding, representing a broad spectrum of interests on how copyright should apply in relation to generative AI. CC joined in the conversation to provide our own thoughts on copyright and AI to the copyright office.

Since our founding, we have sought out ways that new technologies can serve the public good, and we believe that generative AI can be a powerful tool to enhance human creativity and to benefit the commons. At the same time, we also recognize that it carries with it the risk of bringing about significant harm. We used this opportunity to explain to the Copyright Office why we believe that the proper application of copyright law can guide the development and use of generative AI in ways that serve the public and to highlight what we have learned from our community through the consultations we have held throughout 2023 and at our recent Global Summit about both the risks and opportunities that generative AI holds.

In this post we summarize the key point of our submission, namely:

  • AI training generally constitutes fair use
  • Copyright should protect AI outputs with significant human creative input
  • The substantial standard similarity should apply to Infringement by AI outputs
  • Creators should be able to express their preferences
  • Copyright cannot solve everything related to generative AI

AI training generally constitutes fair use

We believe that, in general, training generative AI constitutes fair use under current U.S. law. Using creative works to train generative AI fits with the long line of cases that has found that non-consumptive, technological uses of creative works in ways that are unrelated to the expressive content of those works are transformative fair uses, such as Authors Guild v. Google and Kelly v. Arriba Soft. Moreover, the most recent Supreme Court ruling on fair use, Andy Warhol Foundation v. Goldsmith, supports this conclusion. As we commented upon the decision’s release, the Warhol case focus on the specific way a follow-on use compares with the original use of a work indicates that training generative AI on creative works is transformative and should be fair use. This is because the use of copyrighted works for AI training has a fundamentally different purpose from the original aesthetic purposes of those works.

Copyright protection for AI outputs subject to significant human creative input

We believe that creative works produced with the assistance of generative AI tools should only be eligible for protection where they contain a significant enough degree of human creative input to justify protection, just like when creators use any other mechanical tools in the production of their works. The Supreme Court considered the relationship between artists and their tools vis-a-vis copyright over 100 years ago in Burrow-Giles v. Sarony, holding that copyright protects the creativity that human artists’ incorporate into their works, not the work of machines. While determining which parts of a work are authored by a human when using generative AI will not always be clear, this issue is not fundamentally different from any other situation where we have to determine the authorship of individual parts of works that are created without AI assistance.

Additionally, we believe that developers of generative AI tools should not receive copyright protection over the outputs of those tools. Copyright law already provides enough incentives to encourage development of these tools by protecting code, and extending protection to their outputs is unnecessary to encourage innovation and investment in this space.

Infringement should be determined using the substantial similarity test

We believe that the substantial similarity standard that already exists in copyright law is sufficient to address where AI outputs infringe on other works. The debate about how copyright should apply to generative AI has often been cast in all-or-nothing terms — does something infringe on pre-existing copyrights or not? The answer to this question is certainly that generative AI can infringe on other works, but just as easily it may not. As with any other question about the substantial similarity between two works, these issues will be highly fact specific, and we cannot automatically say whether works produced by generative AI tools infringe or not.

Creators should be able to express their preferences

In general, we believe there is value in methods that enable individuals to to signal their preferences for how their works are shared in the context of generative AI. In our community consultations, we heard general support for preference signals, but there was no consensus in how best to do this. Opt-ins and opt-outs may be one way, but we do not believe they need to be required by US copyright law; instead, we would like to see voluntary schemes, similar to approaches to web scraping, which allow for standardized expression of these preferences without creating strict barriers to usage in cases where it may be appropriate.

Transparency is necessary to build trust — Copyright is only one lens through which to consider AI regulation

We urge caution and flexibility in any approach to regulating generative AI through copyright. We believe that copyright policy can guide the development of generative AI in ways that benefit all, but that overregulation or inappropriate regulation can hurt both the technology and the public. For example, measures that improve transparency into AI models can build trust in AI models by allowing outside observers to “look under the hood” to investigate how they work. But these measures should not be rooted in copyright law. Copyright is just one lens through which we can view generative AI, and it is ill equipped to deal with many of the social harms that concern us and many others. Attempting to use copyright to solve all of these issues may have unintended consequences and ultimately do more harm than good.

We are happy to see the Copyright Office seeking out guidance on these many difficult questions. We will have to wait to see what comes from this, but we will hope for the best, and continue to engage our community so we can more fully understand what role generative AI should play in building the commons and serving the public good.

Read CC’s full submission to the Copyright Office >

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CC and Communia Statement on Transparency in the EU AI Act https://creativecommons.org/2023/10/23/cc-and-communia-statement-on-transparency-in-the-eu-ai-act/?utm_source=rss&utm_medium=rss&utm_campaign=cc-and-communia-statement-on-transparency-in-the-eu-ai-act Mon, 23 Oct 2023 17:59:09 +0000 https://creativecommons.org/?p=74058 The European Union’s Artificial Intelligence Act will be discussed at a key trilogue meeting on 24 October 2023. CC collaborated with Communia to summarize our views emphasizing the importance of a balanced and tailored approach to regulating foundation models and of transparency in general.

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An abstract European Union flag of diffused gold stars linked by golden neural pathways on a deep blue mottled background.
“EU Flag Neural Network” by Creative Commons was cropped from an image generated by the DALL-E 2 AI platform with the text prompt “European Union flag neural network.” CC dedicates any rights it holds to the image to the public domain via CC0.

The European Union’s Artificial Intelligence (AI) Act will be discussed at a key trilogue meeting on 24 October 2023 — a trilogue is a meeting bringing together the three bodies of the European Union for the last phase of negotiations: the European Commission, the European Council and the European Parliament. CC collaborated with Communia to summarize our views emphasizing the importance of a balanced and tailored approach to regulating foundation models and of transparency in general. Additional organizations that support public interest AI policy have also signed to support these positions.

Statement on Transparency in the AI Act

The undersigned are civil society organizations advocating in the public interest, and representing knowledge users and creative communities.

We are encouraged that the Spanish Presidency is considering how to tailor its approach to foundation models more carefully, including an emphasis on transparency. We reiterate that copyright is not the only prism through which reporting and transparency requirements should be seen in the AI Act.

General transparency responsibilities for training data

Greater openness and transparency in the development of AI models can serve the public interest and facilitate better sharing by building trust among creators and users. As such, we generally support more transparency around the training data for regulated AI systems, and not only on training data that is protected by copyright.

Copyright balance

We also believe that the existing copyright flexibilities for the use of copyrighted materials as training data must be upheld. The 2019 Directive on Copyright in the Digital Single Market and specifically its provisions on text-and-data mining exceptions for scientific research purposes and for general purposes provide a suitable framework for AI training. They offer legal certainty and strike the right balance between the rights of rightsholders and the freedoms necessary to stimulate scientific research and further creativity and innovation.

Proportionate approach

We support a proportionate, realistic, and practical approach to meeting the transparency obligation, which would put less onerous burdens on smaller players including non-commercial players and SMEs, as well as models developed using FOSS, in order not to stifle innovation in AI development. Too burdensome an obligation on such players may create significant barriers to innovation and drive market concentration, leading the development of AI to only occur within a small number of large, well-resourced commercial operators.

Lack of clarity on copyright transparency obligation

We welcome the proposal to require AI developers to disclose the copyright compliance policies followed during the training of regulated AI systems. We are still concerned with the lack of clarity on the scope and content of the obligation to provide a detailed summary of the training data. AI developers should not be expected to literally list out every item in the training content. We maintain that such level of detail is not practical, nor is it necessary for implementing opt-outs and assessing compliance with the general purpose text-and-data mining exception. We would welcome further clarification by the co-legislators on this obligation. In addition, an independent and accountable entity, such as the foreseen AI Office, should develop processes to implement it.

Signatories

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Making AI Work for Creators and the Commons https://creativecommons.org/2023/10/07/making-ai-work-for-creators-and-the-commons/?utm_source=rss&utm_medium=rss&utm_campaign=making-ai-work-for-creators-and-the-commons Sat, 07 Oct 2023 17:07:52 +0000 https://creativecommons.org/?p=73952 On the eve of the CC Global Summit, members of the CC global community and Creative Commons held a one-day workshop to discuss issues related to AI, creators, and the commons. Emerging from that deep discussion and in subsequent conversation during the three days of the Summit, this group identified a set of common issues and values.

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[lee esta entrada en español >]

A group of about 20 people standing in a room with a slide behind them that says Open Future & Creative Commons.
“CC Global Summit 2023 Day 0” by Creative Commons is licensed CC BY 4.0.

On the eve of the CC Global Summit, members of the CC global community and Creative Commons held a one-day workshop to discuss issues related to AI, creators, and the commons. The community attending the Summit has a long history of hosting these intimate discussions before the Summit begins on critical and timely issues.

Emerging from that deep discussion and in subsequent conversation during the three days of the Summit, this group identified a set of common issues and values, which are captured in the statement below. These ideas are shared here for further community discussion and to help CC and the global community navigate uncharted waters in the face of generative AI and its impact on the commons.

Background considerations

  1. Recognizing that around the globe the legal status of using copyright protected works for training generative AI systems raises many questions and that there is currently only a limited number of jurisdictions with relatively clear and actionable legal frameworks for such uses. We see the need for establishing a number of principles that address the position of creators, the people building and using machine learning (ML) systems, and the commons, under this emerging technological paradigm.
  2. Noting that there are calls from organized rightholders to address the issues posed by the use of copyrighted works for training generative AI models, including based on the principles of credit, consent, and compensation.
  3. Noting that the development and deployment of generative AI models can be capital intensive, and thus risks resembling (or exacerbating) the concentration of markets, technology, and power in the hands of a small number of powerful for-profit entities largely concentrated in the United States and China, and that currently most of the (speculative) value accrues to these companies.
  4. Further noting that, while the ability for everyone to build on the global information commons has many benefits, the extraction of value from the commons may also reinforce existing power imbalances and in fact can structurally resemble prior examples of colonialist accumulation.
    1. Noting that this issue is especially urgent when it comes to the use of traditional knowledge materials as training data for AI models.
    2. Noting that the development of generative AI reproduces patterns of the colonial era, with the countries of the Global South being consumers of Northern algorithms and data providers.
  5. Recognizing that some societal impacts and risks resulting from the emergence of generative AI technologies need to be addressed through public regulation other than copyright, or through other means, such as the development of technical standards and norms. Private rightsholder concerns are just one of a number of societal concerns that have arisen in response to the emergence of AI.
  6. Noting that the development of generative AI models offers new opportunities for creators, researchers, educators, and other practitioners working in the public interest, as well as providing benefits to a wide range of activities across other sectors of society. Further noting that generative AI models are a tool that enables new ways of creation, and that history has shown that new technological capacities will inevitably be incorporated into artistic creation and information production.

Principles

We have formulated the following seven principles for regulating generative AI models in order to protect the interests of creators, people building on the commons (including through AI), and society’s interests in the sustainability of the commons:

  1. It is important that people continue to have the ability to study and analyse existing works in order to create new ones. The law should continue to leave room for people to do so, including through the use of machines, while addressing societal concerns arising from the emergence of generative AI.
  2. All parties should work together to define ways for creators and rightsholders to express their preferences regarding AI training for their copyrighted works. In the context of an enforceable right, the ability to opt out from such uses must be considered the legislative ceiling, as opt-in and consent-based approaches would lock away large swaths of the commons due to the excessive length and scope of copyright protection, as well as the fact that most works are not actively managed in any way.
  3. In addition, all parties must also work together to address implications for other rights and interests (e.g. data protection, use of a person’s likeness or identity). This would likely involve interventions through frameworks other than copyright.
  4. Special attention must be paid to the use of traditional knowledge materials for training AI systems including ways for community stewards to provide or revoke authorisation.
  5. Any legal regime must ensure that the use of copyright protected works for training generative AI systems for noncommercial public interest purposes, including scientific research and education, are allowed.
  6. Ensure that generative AI results in broadly shared economic prosperity – the benefits derived by developers of AI models from access to the commons and copyrighted works should be broadly shared among all contributors to the commons.
  7. To counterbalance the current concentration of resources in the the hands of a small number of companies these measures need to be flanked by public investment into public computational infrastructures that serve the needs of public interest users of this technology on a global scale. In addition there also needs to be public investment into training data sets that respect the principles outlined above and are stewarded as commons.

In keeping with CC’s practice to provide major communications related to the 2023 Global Summit held in Mexico City in English and Spanish, following is the text of this post originally created in English translated to Spanish

Hacer que la IA funcione para los creadores y los bienes comunes

En vísperas de la Cumbre Global CC, los miembros de la comunidad global CC y Creative Commons celebraron un taller de un día para discutir cuestiones relacionadas con la IA, los creadores y los bienes comunes. La comunidad que asiste a la Cumbre tiene una larga historia de albergar estas discusiones íntimas antes de que comience la Cumbre sobre temas críticos y oportunos.

Como resultado de esa profunda discusión y de la conversación posterior durante los tres días de la Cumbre, este grupo identificó un conjunto de cuestiones y valores comunes, que se recogen en la siguiente declaración. Estas ideas se comparten aquí para una mayor discusión comunitaria y para ayudar a CC y a la comunidad global a navegar por aguas inexploradas frente a la IA generativa y su impacto en los bienes comunes.

Consideraciones preliminares

  1. Reconociendo que en todo el mundo el estatus legal del uso de obras protegidas por derechos de autor para entrenar sistemas generativos de IA plantea muchas preguntas y que actualmente solo hay un número limitado de jurisdicciones con marcos legales relativamente claros y viables para tales usos. Vemos la necesidad de establecer una serie de principios que aborden la posición de los creadores, las personas que construyen y utilizan sistemas de aprendizaje automático y los bienes comunes, bajo este paradigma tecnológico emergente.
  2. Señalando que hay llamados de titulares de derechos organizados para abordar los problemas que plantea el uso de obras protegidas por derechos de autor para entrenar modelos de IA generativa, incluso basados en los principios de crédito, consentimiento y compensación.
  3. Observando que el desarrollo y despliegue de modelos generativos de IA puede requerir mucho capital y, por lo tanto, corre el riesgo de asemejarse (o exacerbar) la concentración de mercados, tecnología y poder en manos de un pequeño número de poderosas entidades con fines de lucro concentradas en gran medida en los Estados Unidos y China, y que actualmente la mayor parte del valor (especulativo) corresponde a estas empresas.
  4. Señalando además que, si bien la capacidad de todos para aprovechar los bienes comunes globales de información tiene muchos beneficios, la extracción de valor de los bienes comunes también puede reforzar los desequilibrios de poder existentes y, de hecho, puede parecerse estructuralmente a ejemplos anteriores de acumulación colonialista.
    1. Señalando que esta cuestión es especialmente urgente cuando se trata del uso de materiales de conocimientos tradicionales como datos de entrenamiento para modelos de IA.
    2. Señalando que el desarrollo de la IA generativa reproduce patrones de la era colonial, siendo los países del Sur Global consumidores de algoritmos y proveedores de datos del Norte.
  5. Reconocer que algunos impactos y riesgos sociales resultantes del surgimiento de tecnologías de IA generativa deben abordarse mediante regulaciones públicas distintas de los derechos de autor, o por otros medios, como el desarrollo de estándares y normas técnicas. Las preocupaciones de los titulares de derechos privados son sólo una de una serie de preocupaciones sociales que han aparecido en respuesta al surgimiento de la IA.
  6. Señalando que el desarrollo de modelos generativos de IA ofrece nuevas oportunidades para creadores, investigadores, educadores y otros profesionales que trabajan en el interés público, además de brindar beneficios a una amplia gama de actividades en otros sectores de la sociedad. Señalando además que los modelos generativos de IA son una herramienta que permite nuevas formas de creación, y que la historia ha demostrado que inevitablemente se incorporarán nuevas capacidades tecnológicas a la creación artística y la producción de información.

Principios

Hemos formulado los siguientes siete principios para regular los modelos de IA generativa con el fin de proteger los intereses de los creadores, las personas que construyen sobre los bienes comunes (incluso a través de la IA) y los intereses de la sociedad en la sostenibilidad de los bienes comunes:

  1. Es importante que la gente siga teniendo la capacidad de estudiar y analizar obras existentes para crear otras nuevas. La ley debería seguir dejando espacio para que las personas lo hagan, incluso mediante el uso de máquinas, al tiempo que aborda las preocupaciones sociales que aparecen por el surgimiento de la IA generativa.
  2. Todas las partes deberían trabajar juntas para definir formas para que las personas creadoras y quienes son titulares de derechos expresen sus preferencias con respecto a la capacitación en IA para sus obras protegidas por derechos de autor. En el contexto de un derecho exigible, la capacidad de hacer un “opt out” de tales usos debe considerarse el límite legislativo, ya que los enfoques basados en la aceptación voluntaria y el consentimiento bloquearían grandes sectores de los bienes comunes debido a la duración y el alcance excesivos de la protección de los derechos de autor, así como el hecho de que la mayoría de las obras no están siendo activamente gestionadas.
  3. Además, todas las partes también deben trabajar juntas para abordar las implicaciones para otros derechos e intereses (por ejemplo, protección de datos, uso de la imagen o identidad de una persona). Esto probablemente implicaría intervenciones a través de marcos distintos del derecho de autor.
  4. Se debe prestar especial atención al uso de materiales del conocimiento tradicional para entrenar sistemas de IA, incluidas formas para que los custodios de las comunidades proporcionen o revoquen la autorización.
  5. Cualquier régimen legal debe garantizar que se permita el uso de obras protegidas por derechos de autor para entrenar sistemas generativos de IA con fines no comerciales de interés público, incluidas la investigación científica y la educación.
  6. Garantizar que la IA generativa dé como resultado una prosperidad económica ampliamente compartida: los beneficios que obtienen los desarrolladores de modelos de IA del acceso a los bienes comunes y a las obras protegidas por derechos de autor deben compartirse ampliamente entre quienes contribuyen a los bienes comunes.
  7. Para contrarrestar la actual concentración de recursos en manos de un pequeño número de empresas, estas medidas deben ir acompañadas de inversión pública en infraestructuras computacionales públicas que satisfagan las necesidades de los usuarios de interés público de esta tecnología a escala global. Además, también es necesario invertir públicamente en sets de datos de entrenamiento que respeten los principios descritos anteriormente y se administren como bienes comunes.

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CC Defends Better Sharing and the Commons in WIPO Conversation on Generative AI https://creativecommons.org/2023/09/22/cc-defends-better-sharing-and-the-commons-in-wipo-conversation-on-generative-ai/?utm_source=rss&utm_medium=rss&utm_campaign=cc-defends-better-sharing-and-the-commons-in-wipo-conversation-on-generative-ai Fri, 22 Sep 2023 20:17:58 +0000 https://creativecommons.org/?p=67983 Today Creative Commons (CC) delivered a statement to the World Intellectual Property Organization (WIPO) Conversation on Generative AI and Intellectual Property, as part of our engagement in global policy discussions around the important issues raised by these new technologies and their impact on creativity, the commons, and better sharing, i.e. sharing that is inclusive, equitable,…

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A World Intellectual Property Organization title slide saying Ms. Brigitte Vézina, Director, Policy and Open Culture, Creative Commons, decorated with purple and green abstract shapes and a large, gray number 8, next to a screen capture of Brigitte Vézina smiling and wearing earbuds.

“This modified screen capture of video from WIPO Conversation on Intellectual Property (IP) and Frontier Technologies Eighth Session” by WIPO is licensed via CC BY 4.0.

Today Creative Commons (CC) delivered a statement to the World Intellectual Property Organization (WIPO) Conversation on Generative AI and Intellectual Property, as part of our engagement in global policy discussions around the important issues raised by these new technologies and their impact on creativity, the commons, and better sharing, i.e. sharing that is inclusive, equitable, reciprocal, and sustainable. In this blog post, we share the statement as delivered by Brigitte Vézina, CC’s Director of Policy and Open Culture.

Watch the video of CC’s remarks >

Thank you Chair for giving me the floor on behalf of Creative Commons, the organization behind the eponymous copyright licenses that have released more than 2,5 billion works into the commons to date.

At CC we know generative AI, without proper guardrails, runs the risk of being exploitative and damaging the commons, yet it also has the potential to enhance it like never before. This conundrum leaves us with many hard questions:

  • How can creators be fairly rewarded for building our shared commons?
  • How can we support the new forms of creativity enabled by AI?
  • How do we support creators through these unprecedented technological developments?

In search of answers we held community consultations over the past months (including a symposium in New York City last week). As one would expect, we garnered a wide variety of views:

  • Some creators are very concerned about AI and perceive it as a serious threat to their livelihood — at the same time many artists are relishing the new possibilities offered by AI as it pushes the boundaries of human creative expression and can make creativity more equitably accessible, for example, for people with disabilities. We just published an open letter from over 70 artists* who use generative AI to help surface their experiences and views.
  • Some developers want unbridled freedom to build their model — but some are looking forward to working with opt-outs, i.e. respecting the wishes of creators who do not want to have their content trained upon, or to train on openly licensed content. We are already seeing efforts to help creators signal their preferences and norms and standards are emerging through community practice and portend fresh and innovative approaches.

In this context, WIPO should help develop norms and practices that are flexible and that will work to increase transparency and empower creators with choices that reflect their values and aspirations. WIPO should approach this with fairness and sustainability in mind — instead of promoting an expansion of copyright, it should ascertain its intrinsic balance and promote the commons on which all creativity depends. In particular, since all creativity builds on the past, copyright needs to continue to leave room for people to study, analyze and learn from previous works to create new ones, including by analyzing past works using automated means.

Mr. Chair, copyright is only one lens through which to consider generative AI. Copyright is a rather blunt tool that often leads to black-and-white solutions that fall short of harnessing all the diverse possibilities that generative AI offers for human creativity. Copyright is not a social safety net, an ethical framework, or a community governance mechanism — and yet we know that regulating generative AI needs to account for these important considerations if we want to support our large community of creators who want to contribute to enriching a commons that truly reflects the world’s diversity of creative expressions.

Thank you, Mr. Chair and to WIPO for hosting this important conversation.

Subscribe to CC’s email newsletter to stay informed about all our work with AI, culture and creativity, and more, and continue the discussion on AI and the commons at the CC Global Summit during 3–6 Oct 2023 in Mexico City.

* The Open Letter: Artists Using Generative AI Demand Seat at Table from US Congress is currently signed by over 180 artists and continues to add more.

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Generative AI and Creativity: New Considerations Emerge at CC Convenings https://creativecommons.org/2023/09/15/generative-ai-and-creativity-new-considerations-emerge-at-cc-convenings/?utm_source=rss&utm_medium=rss&utm_campaign=generative-ai-and-creativity-new-considerations-emerge-at-cc-convenings Fri, 15 Sep 2023 21:51:14 +0000 https://creativecommons.org/?p=67904 This week, Creative Commons (CC) convened 100+ participants during two events in New York City to discuss the important issues surrounding generative artificial intelligence (AI), copyright, and creativity. For many years, we at CC have been examining the interplay between copyright and generative AI, exploring ways in which this technology can foster creativity and better…

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People seated at table in a conference room watch a panel of four speak on stage below a slide with an image of a robot painting at an empty easel, saying: Creative Commons, Engleberg Center on Innovation Law & Policy, this event sponsored by Akin, gratitude for additional support to Morrison Foerster.

Generative AI & the Creative Cycle Panel” by Jennryn Wetzler for Creative Commons is licensed via CC BY 4.0.

This week, Creative Commons (CC) convened 100+ participants during two events in New York City to discuss the important issues surrounding generative artificial intelligence (AI), copyright, and creativity.

For many years, we at CC have been examining the interplay between copyright and generative AI, exploring ways in which this technology can foster creativity and better sharing, i.e. sharing that is inclusive, equitable, reciprocal, and sustainable — and it is through this lens that we strive to tackle some of the most critical questions regarding the potential of generative AI tools for creators, cultural heritage institutions, and the general public.

In search of answers we have been holding community consultations over the past months to consider how best to maximize the public benefits of AI, to address concerns with how AI systems are trained and used, and to probe how AI will affect the commons. These two NYC events come within the scope of these wider consultations aimed at assisting us in taking action with informed intention.

On 12 September, we ran a workshop at the offices of Morrison Foerster to unpack the multiple issues that arise once generative AI enters the creativity cycle. If all creativity remixes the past — which needs to be responsibly preserved and cared for — is generative AI a game changer? This was the question an interdisciplinary mix of participants approached with insight and empathy throughout the afternoon’s dynamic sessions. History teems with examples of how humans dealt with technological disruptions in the past (from the printing press and oil painting to photography), yet many participants pointed to the need to think differently and imagine new structures for AI to deliver on its promise to enhance the commons. Issues around attribution, bias, transparency, agency, artistic identity and intent, democratization of AI, and many others, peppered the discussions in small and large groups. While no definite pathways emerged, participants embraced the uncertainty and relished the prospect of generative AI being used for the common good.

The conversations flowed through the following day’s symposium, Generative AI and the Creativity Cycle, at the Engelberg Center at New York University. 100 participants attended the event, which brought together experts from various fields — including law, the arts, cultural heritage, and AI technology — speaking on seven panels covering a wide range of issues at the nexus of creativity, copyright, and generative AI.

Running like red threads across the panels, here are some of the key themes that surfaced throughout the day’s lively conversations:

  • Transparency: This requirement was often cited as a precondition for society to build trust in generative AI. Transparency was deemed essential in the datasets, algorithms and models themselves, as well as in AI systems in general. Similarly, a focus on the ways users of AI content could be transparent about their processes was also needed. This tied closely to notions of attribution and recognizing machine input into creative processes.
  • Attribution (or similar notions of recognition, credit, or acknowledgement): This feature reflects CC’s emphasis on better sharing: nurturing a fair and equitable sharing ecosystem that celebrates and connects creators.
  • Bias: The problem of bias in AI models as well as the inequalities they perpetuate and compound came up in most if not all sessions. The imperative to address bias was raised alongside calls for greater diversity and inclusion, as is already undertaken in data decolonization efforts.
  • Economic fairness: Several discussions pointed to a need for fair remuneration, distributive justice, and a universal basic income, as well as employment protection for creators.
  • Copyright issues (both on the input/training and output levels): While some speakers suggested a sense of loss of control due to a lack of copyright-based permission or consent, others reiterated the fundamental right for anyone to read and absorb knowledge including through machine-automated means.
  • A multi-pronged approach: Given the multifaceted nature of the challenges raised by generative AI, many speakers highlighted the need to engage on multiple levels to ensure responsible developments in AI. This tied in with the need for adequate incentives and support for open sharing, a sustainable open infrastructure, culture as a public good, sharing in the public interest, all in order to prevent further enclosures of the commons.
  • Collaboration: Collaborative creation with machines as well as with other humans could give rise to a “remix culture 2.0,” where generative AI as a tool could assist in the emergence of new forms of creativity through “amalgamated imagination.”

Although the above summary does not do justice to the depth and thoughtfulness of the event’s discussions, it does give a flavor of the topics at stake and should help inform those thinking about AI development, regulation, and its role in supporting better sharing of knowledge and culture in our shared global commons.

A special thank you to our workshop participants and symposium speakers and moderators. We are grateful to have had the opportunity to connect with many of you and share diverse perspectives on this complex topic. We are grateful to Morrison Foerster for supporting the workshop, donating space and resources. We’d also like to thank our lead symposium sponsor Akin Gump as well as the Engelberg Center on Innovation Law & Policy for publicly hosting these important conversations.

View symposium video recordings

Subscribe to CC’s email newsletter to stay informed about all our work with AI, culture and creativity, and more.

Continue the discussion on AI and the commons at the CC Global Summit during 3–6 Oct 2023 in Mexico City >

Check out these images from different panels during the symposium!

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An Open Letter from Artists Using Generative AI https://creativecommons.org/2023/09/07/an-open-letter-from-artists-using-generative-ai/?utm_source=rss&utm_medium=rss&utm_campaign=an-open-letter-from-artists-using-generative-ai Thu, 07 Sep 2023 17:00:57 +0000 https://creativecommons.org/?p=67848 As part of Creative Commons’ ongoing community consultation on generative AI, CC has engaged with a wide variety of stakeholders, including artists and content creators, about how to help make generative AI work better for everyone. Certainly, many artists have significant concerns about AI, and we continue to explore the many ways they might be…

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A bluish surrealist painting generated by the DALL-E 2 AI platform showing a small grayish human figure holding a gift out to a larger robot that has its arms extended and a head like a cello.

Better Sharing With AI” by Creative Commons was generated by the DALL-E 2 AI platform with the text prompt “A surrealist painting in the style of Salvador Dali of a robot giving a gift to a person playing a cello.” CC dedicates any rights it holds to the image to the public domain via CC0.

As part of Creative Commons’ ongoing community consultation on generative AI, CC has engaged with a wide variety of stakeholders, including artists and content creators, about how to help make generative AI work better for everyone.

Certainly, many artists have significant concerns about AI, and we continue to explore the many ways they might be addressed. Just last week, we highlighted the useful roles that could be played by new tools to signal whether an artist approves of use of their works for AI training.

At the same time, artists are not homogenous, and many others are benefiting from this new technology. Unfortunately, the debate about generative AI has too often become polarized and destructive, with artists who use AI facing harassment and even death threats. As part of the consultation, we also explored how to surface these artists’ experiences and views.

Today, we’re publishing an open letter from over 70 artists who use generative AI. It grew from conversations with an initial cohort of the full signatory list, and we hope it can help foster inclusive, informed discussions.

Signed by artists like Nettrice Gaskins, dadabots, Rob Sheridan, Charlie Engman, Tim Boucher, illustrata, makeitrad, Jrdsctt, Thomas K. Yonge, BLAC.ai, Deltasauce, and Cristóbal Valenzuela, the letter reads in part:

“We write this letter today as professional artists using generative AI tools to help us put soul in our work. Our creative processes with AI tools stretch back for years, or in the case of simpler AI tools such as in music production software, for decades. Many of us are artists who have dedicated our lives to studying in traditional mediums while dreaming of generative AI’s capabilities. For others, generative AI is making art more accessible or allowing them to pioneer entirely new artistic mediums. Just like previous innovations, these tools lower barriers in creating art—a career that has been traditionally limited to those with considerable financial means, abled bodies, and the right social connections.”

Read the full letter and list of signatories. If you would like to have your name added to this list and are interested in follow-up actions with this group, please sign our form. You can share the letter with this shorter link: creativecommons.org/artistsailetter

While the policy issues here are globally relevant, the letter is addressed to Senator Chuck Schumer and the US Congress in light of ongoing hearings and “Insight Fora” on AI hosted in the USA. Next week, Schumer is hosting one of these Fora, but the attendees are primarily from tech companies; the Motion Picture Association of America and the Writers Guild of America are invited, but there are no artists using generative AI specifically.

We also invited artists to share additional perspectives with us, some of which we’re publishing here:

Nettrice Gaskins said: “Generative AI imaging is a continuation of creative practices I learned as a college student, in my computer graphics courses. It’s the way of the future, made accessible to us in the present, so don’t throw the baby out with the bathwater.”

Elizabeth Ann West said: “Generative AI has allowed me to make a living wage again with my writing, allowing me to get words on the page even when mental and chronic health conditions made doing so nearly impossible. I published 3 books the first year I had access to Davinci 3. Generative AI allows me to work faster and better for my readers.”

JosephC said: “There must be room for nuance in the ongoing discussion about machine-generated content, and I feel that the context vacuum of online discourse has made it impossible to talk and be heard when it comes to the important details of consent, the implications of regulation, and the prospects of making lives better. We need to ensure that consenting creatives can see their work become part of something greater, we need to ensure pioneering artists are free to express themselves in the medium that gives them voice, and we need to be mindful of the wishes of artists who desire to have their influence only touch the eyes and ears and minds of select other humans in the way they want. Opportunities abound; let us work together to realize them.”

Tim Simpson said: “Generative AI is the photography of this century. It’s an incredible new medium that has immense potential to be leveraged by artists, particularly indie artists, to pursue artistic visions that would have been completely infeasible for solo artists and small teams just a year ago. Open source AI tools are immensely important to the development of this medium and making sure that it remains available to the average person instead of being walled off into monopolized corporate silos. Many of the regulatory schemes that are being proposed today jeopardize that potential, and I strongly urge congress to support measures that keep these tools open and freely available to all.”

Rob Sheridan said: “As a 25 year professional artist and art director, I’ve adapted to many shifts in the creative industry, and see no reason to panic with regards to AI art technology itself….I fully understand and appreciate the concerns that artists have about AI art tools. With ANY new technology that automates human labor, we unfortunately live under a predatory capitalism where corporations are incentivized to ruthlessly cut human costs any way they can, and they’ve made no effort to hide their intentions with AI (how many of those intentions are realistic and how many are products of an AI hype bubble is a different conversation). But this is a systemic problem that goes well beyond artists; a problem that didn’t begin with AI, and won’t end with AI. Every type of workforce in America is facing this problem, and the solutions lie in labor organizing and in uniting across industries for major systemic changes like universal healthcare and universal guaranteed income. Banning or over-regulating AI art tools might plug one small hole in the leaky dam of corporate exploitation, but it closes a huge potential doorway for small creators and businesses.”

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Exploring Preference Signals for AI Training https://creativecommons.org/2023/08/31/exploring-preference-signals-for-ai-training/?utm_source=rss&utm_medium=rss&utm_campaign=exploring-preference-signals-for-ai-training Thu, 31 Aug 2023 22:59:39 +0000 https://creativecommons.org/?p=67798 One of the motivations for founding Creative Commons (CC) was offering more choices for people who wish to share their works openly. Through engagement with a wide variety of stakeholders, we heard frustrations with the “all or nothing” choices they seemed to face with copyright. Instead they wanted to let the public share and reuse…

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Close up photo of three round metal signs lying haphazardly on a stony path, each with a big white arrow pointing in a different direction, embossed on a greenish-blue background.

Choices” by Derek Bruff, here cropped, licensed via CC BY-NC 2.0.

One of the motivations for founding Creative Commons (CC) was offering more choices for people who wish to share their works openly. Through engagement with a wide variety of stakeholders, we heard frustrations with the “all or nothing” choices they seemed to face with copyright. Instead they wanted to let the public share and reuse their works in some ways but not others. We also were motivated to create the CC licenses to support people — artists, technology developers, archivists, researchers, and more — who wished to re-use creative material with clear, easy-to-understand permissions.

What’s more, our engagement revealed that people were motivated to share not merely to serve their own individual interests, but rather because of a sense of societal interest. Many wanted to support and expand the body of knowledge and creativity that people could access and build upon — that is, the commons. Creativity depends on a thriving commons, and expanding choice was a means to that end.

Similar themes came through in our community consultations on generative artificial intelligence (AI*). Obviously, the details of AI and technology in society in 2023 are different from 2002. But the challenges of an all-or-nothing system where works are either open to all uses, including AI training, or entirely closed, are a through-line. So, too, is the desire to do so in a way that supports creativity, collaboration, and the commons.

One option that was continually raised was preference signaling: a way of making requests about some uses, not enforceable through the licenses, but an indication of the creators’ wishes. We agree that this is an important area of exploration. Preference signals raise a number of tricky questions, including how to ensure they are a part of a comprehensive approach to supporting a thriving commons — as opposed to merely a way to limit particular ways people build on existing works, and whether that approach is compatible with the intent of open licensing. At the same time, we do see potential for them to help facilitate better sharing.

What We Learned: Broad Stakeholder Interest in Preference Signals

In our recent posts about our community consultations on generative AI, we have highlighted the wide range of views in our community about generative AI.

Some people are using generative AI to create new works. Others believe it will interfere with their ability to create, share, and earn compensation, and they object to current ways AI is trained on their works without express permission.

While many artists and content creators want clearer ways to signal their preferences for use of their works to train generative AI, their preferences vary. Between the poles of “all” and “nothing,” there were gradations based on how generative AI was used specifically. For instance, they varied based on whether generative AI is used

  • to edit a new creative work (similar to the way one might use Photoshop or another editing program to alter an image),
  • to create content in the same category of the works it was trained on (i.e., using pictures to generate new pictures),
  • to mimic a particular person or replace their work generally, or
  • to mimic a particular person and replace their work to commercially pass themselves off as the artist (as opposed to doing a non-commercial homage, or a parody).

Views also varied based on who created and used the AI — whether researchers, nonprofits, or companies, for instance.

Many technology developers and users of AI systems also shared interest in defining better ways to respect creators’ wishes. Put simply, if they could get a clear signal of the creators’ intent with respect to AI training, then they would readily follow it. While they expressed concerns about over-broad requirements, the issue was not all-or-nothing.

Preference Signals: An Ambiguous Relationship to a Thriving Commons

While there was broad interest in better preference signals, there was no clear consensus on how to put them into practice. In fact, there is some tension and some ambiguity when it comes to how these signals could impact the commons.

For example, people brought up how generative AI may impact publishing on the Web. For some, concerns about AI training meant that they would no longer be sharing their works publicly on the Web. Similarly, some were specifically concerned about how this would impact openly licensed content and public interest initiatives; if people can use ChatGPT to get answers gleaned from Wikipedia without ever visiting Wikipedia, will Wikipedia’s commons of information continue to be sustainable?

From this vantage point, the introduction of preference signals could be seen as a way to sustain and support sharing of material that might otherwise not be shared, allowing new ways to reconcile these tensions.

On the other hand, if preference signals are broadly deployed just to limit this use, it could be a net loss for the commons. These signals may be used in a way that is overly limiting to expression — such as limiting the ability to create art that is inspired by a particular artist or genre, or the ability to get answers from AI systems that draw upon significant areas of human knowledge.

Additionally, CC licenses have resisted restrictions on use, in the same manner as open source software licenses. Such restrictions are often so broad that they cut off many valuable, pro-commons uses in addition to the undesirable uses; generally the possibility of the less desirable uses is a tradeoff for the opportunities opened up by the good ones. If CC is endorsing restrictions in this way we must be clear that our preference is a “commons first” approach.

This tension is not easily reconcilable. Instead, it suggests that preference signals are by themselves not sufficient to help sustain the commons, and should be explored as only a piece of a broader set of paths forward.

Existing Preference Signal Efforts

So far, this post has spoken about preference signals in the abstract, but it’s important to note that there are already many initiatives underway on this topic.

For instance, Spawning.ai has worked on tools to help artists find if their works are contained in the popular LAION-5B dataset, and decide whether or not they want to exclude them. They’ve also created an API that enables AI developers to interoperate with their lists; StabilityAI has already started accepting and incorporating these signals into the data they used to train their tools, respecting artists’ explicit opt-ins and opt-outs. Eligible datasets hosted on the popular site Hugging Face also now show a data report powered by Spawning’s API, informing model trainers what data has been opted out and how to remove it. For web publishers, they’ve also been working on a generator for “ai.txt” files that signals restrictions or permissions for the use of a site’s content for commercial AI training, similar to robots.txt.

There are many other efforts exploring similar ideas. For instance, a group of publishers within the World Wide Web Consortium (W3C) is working on a standard by which websites can express their preferences with respect to text and data mining. The EU’s copyright law expressly allows people to opt-out from text and data mining through machine-readable formats, and the idea is that the standard would fulfill that purpose. Adobe has created a “Do Not Train” metadata tag for works generated with some of its tools, Google has announced work to build an approach similar to robots.txt, and OpenAI has provided a means for sites to exclude themselves from crawling for future versions of GPT.

Challenges and Questions in Implementing Preference Signals

These efforts are still in relatively early stages, and they raise a number of challenges and questions. To name just a few:

  • Ease-of-Use and Adoption: For preference signals to be effective, they must be easy for content creators and follow-on users to make use of. How can solutions be ease-to-use, scalable, and accommodate different types of works, uses, and users?
  • Authenticating Choices: How best to validate and trust that a signal has been put in place by the appropriate party? Relatedly, who should be able to set the preferences — the rightsholder for the work, the artist who originally created it, both?
  • Granular Choices for Artists: So far, most efforts have been focused on enabling people to opt-out of use for AI training. But as we note above, people have a wide variety of preferences, and preference signals should also be a way for people to signal that they are OK with their works being used, too. How might signals strike the right balance, enabling people to express granular preferences, but without becoming too cumbersome
  • Tailoring and Flexibility Based on Types of Works and Users: We’ve focused in this post on artists, but there are of course a wide variety of types of creators and works. How can preference signals accommodate scientific research, for instance? In the context of indexing websites, commercial search engines generally follow the robots.txt protocol, although institutions like archivists and cultural heritage organizations may still crawl to fulfill their public interest missions. How might we facilitate similar sorts of norms around AI?

As efforts to build preference signals continue, we will continue to explore these and other questions in hopes of informing useful paths forward. Moreover, we will also continue to explore other mechanisms necessary to help support sharing and the commons. CC is committed to more deeply engaging in this subject, including at our Summit in October, whose theme is “AI and the Commons.”

If you are in  New York City on 13 September 2023, join our symposium on Generative AI & the Creativity Cycle, which focuses on the intersection of generative artificial intelligence, cultural heritage, and contemporary creativity. If you miss the live gathering, look for the recorded sessions.

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Understanding CC Licenses and Generative AI https://creativecommons.org/2023/08/18/understanding-cc-licenses-and-generative-ai/?utm_source=rss&utm_medium=rss&utm_campaign=understanding-cc-licenses-and-generative-ai Fri, 18 Aug 2023 19:07:55 +0000 https://creativecommons.org/?p=67737 Many wonder what role CC licenses, and CC as an organization, can and should play in the future of generative AI. The legal and ethical uncertainty over using copyrighted inputs for training, the uncertainty over the legal status and best practices around works produced by generative AI, and the implications for this technology on the…

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A black and white illustration of a group of human figures in silhouette using unrecognizable tools to work on a giant Creative Commons icon.

CC Icon Statue” by Creative Commons, generated in part by the DALL-E 2 AI platform. CC dedicates any rights it holds to this image to the public domain via CC0.

Many wonder what role CC licenses, and CC as an organization, can and should play in the future of generative AI. The legal and ethical uncertainty over using copyrighted inputs for training, the uncertainty over the legal status and best practices around works produced by generative AI, and the implications for this technology on the growth and sustainability of the open commons have led CC to examine these issues more closely. We want to address some common questions, while acknowledging that the answers may be complex or still unknown.

We use “artificial intelligence” and “AI” as shorthand terms for what we know is a complex field of technologies and practices, currently involving machine learning and large language models (LLMs). Using the abbreviation “AI” is handy, but not ideal, because we recognize that AI is not really “artificial” (in that AI is created and used by humans), nor “intelligent” (at least in the way we think of human intelligence).

CC licensing and training AI on copyrighted works

Can you use CC licenses to restrict how people use copyrighted works in AI training?

This is among the most common questions that we receive. While the answer depends on the exact circumstances, we want to clear up some misconceptions about how CC licenses function and what they do and do not cover.

You can use CC licenses to grant permission for reuse in any situation that requires permission under copyright. However, the licenses do not supersede existing limitations and exceptions; in other words, as a licensor, you cannot use the licenses to prohibit a use if it is otherwise permitted by limitations and exceptions to copyright.

This is directly relevant to AI, given that the use of copyrighted works to train AI may be protected under existing exceptions and limitations to copyright. For instance, we believe there are strong arguments that, in most cases, using copyrighted works to train generative AI models would be fair use in the United States, and such training can be protected by the text and data mining exception in the EU. However, whether these limitations apply may depend on the particular use case.

It’s also useful to look at this from the perspective of the licensee — the person who wants to use a given work. If a work is CC licensed, does that person need to follow the license in order to use the work in AI training? Not necessarily — it depends on the specific use.

  • To the extent your AI training is covered by an exception or limitation to copyright, you need not rely on CC licenses for the use.
  • To the extent you are relying on CC licenses to train AI, you will need to follow the relevant requirements under the licenses.

Another common question we hear is “Does complying with CC license conditions mean you’re always legally permitted to train AI on that CC-licensed work?”

Not necessarily — it is important to note here that CC licenses only give permission for rights granted by copyright. They do not address where other laws may restrict training AI, such as privacy laws, which are always a consideration where material contains personal data and are not addressed by copyright licensing. (Many kinds of personal data are not covered by copyright at all, but may still be covered by privacy-related regulations.)

For more explanation, see our flowchart regarding the CC licenses in this context, and read more in our FAQ on AI and CC licenses.

A flowchart showing how CC licenses and legal tools intersect with intellectual property and artificial intelligence.

CC Licenses and outputs of generative AI

In the current context of rapidly developing AI technologies and practices, governments scrambling to regulate AI, and courts hearing cases regarding the application of existing law, our intent is to give our community the best guidance available right now. If you create works using generative AI, you can still apply CC licenses to the work you create with the use of those tools and share your work in the ways that you wish. The CC license you choose will apply to the creative work that you contribute to the final product, even if the portion produced by the generative AI system itself may be uncopyrightable. We encourage the use of CC0 for those works that do not involve a significant degree of human creativity, to clarify the intellectual property status of the work and to ensure the public domain grows and thrives.

Beyond copyright

Though using CC licenses and legal tools for training data and works produced by generative AI may address some legal uncertainty, it does not solve all the ethical concerns raised, which go far beyond copyright — involving issues of privacy, consent, bias, economic impacts, and access to and control over technology, among other things. Neither copyright nor CC licenses can or should address all of the ways that AI might impact people. There are no easy solutions, but it is clear we need to step outside of copyright to work together on governance, regulatory frameworks, societal norms, and many other mechanisms to enable us to harness AI technologies and practices for good.

We must empower and engage creators

Generative AI presents an amazing opportunity to be a transformative tool that supports creators — both individuals and organizations — provides new avenues for creation, facilitates better sharing, enables more people to become creators, and benefits the commons of knowledge, information, and creativity for all.

But there are serious concerns, such as issues around author recognition and fair compensation for creators (and the labor market for artistic work in general), the potential flood of AI-generated works on the commons making it difficult to find relevant and trustworthy information, and the disempowering effect of the privatization and enclosure of AI services and outputs, to name a few.

For many creators, these and other issues may be a reason not to share their works at all under any terms, not just via CC licensing. CC wants AI to augment and support commons, not detract from it, and we want to see solutions to these concerns to avoid AI turning creators away from contributing to the commons altogether.

Join us

We believe that trustworthy, ethical generative AI should not be feared, but instead can be beneficial to artists, creators, publishers, and to the public more broadly. Our focuses going forward will be:

  • To develop and share principles, best practices, guidance, and training for using generative AI to support the commons. We don’t have all the answers — or necessarily all the questions — and we will work collaboratively with our community to establish shared principles.
  • To continue to engage our community and broaden it to lift up diverse, global voices and find ways to support different types of sharing and creativity.
  • Additionally, it is imperative that we engage more with AI developers and services to increase their support for transparency and ethical, public-interest tools and practices. CC will be seeking to collaborate with partners who share our values and want to create solutions that support a thriving commons.

For over two decades we have stewarded the legal infrastructure that enables open sharing on the web. We now have an opportunity to reimagine sharing and creativity in this new age. It is time to build new infrastructure that supports better sharing with generative AI.

We invite you to join us in this work, as we continue to openly discuss, deliberate, and take action in this space. Follow along with our blog series on AI, subscribe to our newsletter, support our work, or join us at one of our upcoming events. We’re particularly excited to welcome our community back in-person to Mexico City in October for the CC Global Summit, where the theme is focused squarely on AI & the commons.

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