Comes now the critical choice between content creators and the boon of artificial intelligence (AI). Or so says Team AI. These are perhaps the days of angst, anger, and brewing discontent. Camps are seemingly forming in the great AI war, and people are somewhat torn between sides. Some of that is traditional nation-state rivalry that is certainly not new. But this is also a culture issue.
There is much to know about AI. First and foremost, they are (mostly) not databases. I thought this revelation was among the best delivered by the AI panel at the recent OJCC First DCA seminar in Tallahassee. The speaker stressed that the AI are not storage, but tools to access what is stored. And, to be fair, virtually everything is stored. Nonetheless, there are those who say AI Large Language Models (LLM) are storing and regurgitating much, so they are at least mimicking databases. Copyright Infringement (December 2023).
There is not much choice about publication. If an artist elects not to put their lyrics online, someone will do it for them. If they choose not to put their music on the internet, someone will use it for background in a YouTube or tick-tock video. In the real world of 2025, everything is subject to replication and publication on the web and social media, whether the producer agrees or not. That is, whether the producer is paid or not.
There is some appeal to fairness. Why should a producer (author, singer, musician) live a life of luxury forever based on the production of a pièce de résistance? Well, perhaps because they have the talent to produce it? The protection of that work is seen through two lenses. One perspective is respect for the rights and investment of the producer. The other is the egalitarian or democratization perspective of access and entertainment. What is fair use? Who is John Galt? How much wood would a woodchuck . . .? (you get the point).
The art of piracy is not new. People recorded songs from the radio and concerts onto cassettes back in the day. Movies were replicated from one video cassette recorder to another. Sales occurred from blankets and tables on street corners, flea markets, and car trunks. Technology, content, and talent were readily lifted, replicated, and sold. Modern technology has not created the idea of content (mis)use, it has merely made theft and distribution easier, faster, and more attractive.
The idea of copyright, to protect the content creators, is not a natural law (gravity, thermodynamics, etc.) but a law of humans. Mankind creates law and the might of nations enforce it. There is, therefore, a probability that different nations would have different perceptions and conclusions about what, when, and how to protect.
The law is thus a patchwork of regional, national, and cooperative (treaties) intricacies, differences, and distinctions. In the context of AI and intellectual property, perhaps the most important conflict is in how China and the U.S. view it and each other. In short, "China enforces its copyright laws less strictly than the U.S." according to InfoSec.
Thus, in the continuing debate of Copyright Infringement (December 2023), we must Consider the Source (December 2024). Lawsuits abound in America as thousands of content producers seek recompense for the benefits AI has enjoyed by perusing their creations, innovations, and prognostications. Wired reports that "dozens of other copyright lawsuits against AI companies have been filed at a rapid clip." Some of these have been by major, well-known media. Others by people I had not heard of previously.
Last week, The Wrap reported that various millionaires and others have called upon government to stop the "Exploitation of Hollywood," in a petition-style letter to the President. They make a balance of equities arguments in which their millionaire status is countered by the billion-dollar market capitalization of LLM developers/owners.
The celebrities were responding to pleas from the LLM industry, previously reported in The Wrap. That describes that American AI companies are aware that they compete with international populations of scientists and researchers. They have noted publicly that there are national security, economics, and freedom issues at stake. One prominently stated that we need a "copyright strategy" in order to train AI and to "retain() America's AI lead over China's communist government."
This AI proposal is apparently not a proposal for changing the copyright law. It seems more of an interpretation adjustment in which this "strategy"
"would extend the system’s role into the Intelligence Age by protecting the rights and interests of content creators while also protecting America’s AI leadership"
This includes
"a regulatory environment that is not burdensome and advocates 'voluntary' partnerships between the federal government and the private sector; promoting American AI companies at home and abroad; and investing in the infrastructure needed to scale America’s AI industry."
There is some degree of belief that the breadth of concern here includes content creator concerns. It is worthwhile to consider whether there will be any content if the producers have no protection or profitability. Likewise, those building AI LLMs are not altruistic, despite some protestations to the contrary.
However, in a broader context, comments from national leaders suggest a fear that "AI (becomes) a superpower" in and of itself. The tone of the second Wired article is on how American AI can progress, or fail to if it "can't learn from copyrighted material." And yet, significant research on search engines and various AI programs has not yielded any indication of even the most minute example of any rule, regulation, or law that would prevent such learning.
The point is not about whether AI companies may use the work product of others. They can. The point is not whether you may cover Beyonce's Single Ladies (Boom Boom Room, 2008). You can. The questions are all about whether the AI companies should be able to use that work product free of charge, royalty, and remuneration. That, as they say, is the real question. And for clarity, you will have to pay Beyonce or some copyright holder if you cover Single Ladies.
Copyright does not prevent use, it prevents free use. It allows those who create to maintain some control over that use. Their control is not forever, and expirations have made news in recent years including Mikey Mouse and Winnie the Pooh. Those protections lasted only 95 years. But in that period, the creators reaped their reward for the innovation, creativity, and culture they provided. Therefore, as I read these sources, and wrote this post, all I could focus on was sunshine. No, not the free light from the sky, that is free daily at a sidewalk near you. No, I kept hearing the song Sunshine (Intermedia, 1971):
Some man's come he's trying to run my life
Don't know what he's asking
When he tells me I better get in line
Dan't hear what he's saying
When I grow up, I'm gonna make him mine
These ain't dues I been paying
How much does it cost?
I'll buy it!
The time is all we've lost
I'll try it!
He can't even run his own life,
I'll be damned if he'll run mine--sunshine...
There is the real question: "How much does it cost." In our society, is there a national security issue in using other people's thoughts and things without their permission or compensation? Is our property worth so little that others might use it at their behest and will? Well, in some countries - yes. Amazingly, there are a great many creators who are strong advocates of taking and using property, as long as it is someone else's.
Remember the whole ox-goring conundrum of other people's money? Margaret Thatcher famously noted the trouble with socialism:
“The problem with socialism is that you eventually run out of other people's money.”
There is some potential for humor there. Socialists and socialism have always intrigued me, not unlike they intrigued John Galt. But, I digress.
There are some free trial AI tools available. I have used them. I asked one recently about the woodchuck conundrum and got an eerily similar response to the information in the link above ("How much wood would a woodchuck ....?"). I am not saying one of them copied from the other; I am just saying they were very similar. Even though there are free trials, the AI LLMs are charging people. They are businesses. They are hoping to make money as tools in the marketplace.
If I cover Single Ladies with the intent to sell that entertainment (it would not be entertainment if I sang, unless except perhaps exquisite comedy) and I am making money from Beyonce's work, why would I be free of copyright because it is cheaper for me to sing what I glean from others? Am I free to print copies of J.K. Rowlings' books here because it's cheaper and easier than writing my own fantasy stories?
In the interest of full disclosure, I own some stock in a couple of companies tied to AI LLMs. I also own a copy of Single Ladies and some Rowling's books (do not judge me). But from 30,000 feet, I wonder if there is some room here for compensating the content creators while still feeding the LLMs enough to grow, evolve, and develop?
If we do not, then the Beyonces and Rowlings may become extinct. While some LLMs may sound like them, emulate them, in fairness they will never be them. Are we ready to live in a world without the creative, innovative, scholarly, musical, etc.? Certainly, it is hard to feel sorry for millionaires fighting other millionaires (billionaires?), but it is as challenging to adopt the "ok to steal" that is foundational to the theme of socialism so many of those millionaires embrace.
I am sure that the LLMs are consuming this blog. That would explain a lot, no? They are welcome to my ramblings. In the end, you should know every restaurant review, face post, tweet, and more has likely been consumed, digested, categorized, and stored. The LLMs are learning from you already, like it or not.
The point is not about what LLMs consume or whether they need to. The point is simply whether there is some national interest that compels taking creator's product and property for free. There is not, the fact is that protecting producers, workers, and owners from socialism and theft is a large part of what draws us all to capitalism in the first place.