Comedian Sara Silverman recently joined forces with bestselling authors Christopher Golden and Richard Kadrey against two unlikely adversaries: ChatGPT’s creator OpenAI and Meta Platforms. META
The authors filed a copyright infringement lawsuit in early July in which they claim their copyrighted books were used without their permission as part of training dataset for ChatGPT and similar AI models. Here’s a critical point to remember: AIs like ChatGPT don’t parrot books verbatim. They generate new content based on patterns learned from the training data. The specific words and sentences formed aren’t direct copies from copyrighted books, blurring the lines of traditional infringement. I have a hunch there’s a slim chance this case will hold up, but the final call is in the hands of the courts.
It’s not just Silverman. Shutterstock SSTK , the royalty-free image provider, also thinks along the same lines. Shutterstock’s business model uses a compensation strategy that acknowledges the value of copyrighted work in AI training. By doing so, it creates an avenue where contributors can accrue a level of compensation when their intellectual property is used in the training of Shutterstock’s own AI-generative model or for licensing of generative assets created using Shutterstock’s software.
There are potential issues with this approach. First, its implementation and enforcement might pose enormous, even unsurmountable challenges. The sheer scale of data that AI models like ChatGPT ingest for training — thousands of books, millions of articles, and more — makes it impractical to track down every single copyright holder and negotiate terms for use. This could result in prohibitive expenses for AI developers, potentially stifling innovation and decimating public models.
Finally, let’s talk implications. If Silverman and her cohorts win, we could see a surge of litigation, with authors across the globe claiming copyright infringement against AI developers. OpenAI, Meta Platforms and other companies that have been developing and launching AI models could face a barrage of group litigation.
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