Big Tech Launches Campaign To Defend AI Use

How "Generate And Create" Highlights AI's Role In Modern Art

 

The Chamber of Progress, a tech industry coalition comprising giants like Amazon, Apple, and Meta, has unveiled a new campaign titled "Generate and Create." This initiative aims to defend the legality of using copyrighted works to train artificial intelligence (AI) systems, focusing on how AI can enhance creative processes and lower the barriers for producing art.

The Campaign's Vision and Goals

"Generate and Create" was launched to showcase the positive impact of generative AI on the art world. The campaign emphasizes two primary points: the enhancement of creative output by artists using AI and the reduction of barriers to art production. By spotlighting these benefits, the Chamber of Progress hopes to defend the longstanding legal principle of fair use under copyright law.

Fair use allows the use of copyrighted material to create new, transformative works. This principle is crucial for the mainstream adoption of AI, as it enables AI systems to learn from existing works without infringing on the original creators' rights. However, the legality of using copyrighted works in AI training datasets is still under scrutiny and may ultimately be decided by the courts.

The Legal Landscape and Fair Use

The principle of fair use has been a cornerstone of copyright law for decades. According to Adam Kovacevich, the Chamber of Progress's chief executive and former Google executive, "All art has responded to what’s come before." This sentiment underlines the campaign's argument that generative AI, like human artists, builds upon previous works to create new, transformative art.

Despite this defense, companies like Midjourney, which uses billions of images from the internet to train its AI, face legal challenges. Artists have filed a class action lawsuit against Midjourney, claiming that the tech threatens the market for their work and infringes on their copyrights. Kovacevich counters these allegations by asserting that fair use has always protected creative inspiration.

Expanding Legal Protections for AI

In response to ongoing legal uncertainties, the Chamber of Progress has called for expanding Section 230 of the Communications Decency Act to protect AI companies from infringement claims. This legal shield, traditionally used by tech companies to avoid liability for user-generated content, could provide similar protections for AI systems. The Chamber's submission to the Copyright Office suggested that eligibility for safe harbor protections should consider the size and diversity of the training datasets used by AI models. Additionally, they proposed that legislation should establish a liability framework to shield AI services from infringement claims arising from user-driven queries.

Industry Reactions and Legislative Efforts

The campaign has elicited responses from significant players in the entertainment and media industries, including SAG-AFTRA, the Writers Guild of America, and the Directors Guild of America. These organizations have expressed concerns about the implications of AI on their respective fields. Moreover, the Chamber of Progress has taken a stand against legislation like Tennessee's ELVIS Act, designed to protect musicians from unauthorized AI mimicry of their voices. This law builds on the state's right of publicity statutes, extending protections to individuals' voices.

The Future of AI and Creativity

As part of "Generate and Create," the Chamber of Progress plans to hire a director of AI, creativity, and copyright policy to spearhead the initiative. This role will be pivotal in navigating the complex intersection of AI, creativity, and copyright law. Kovacevich remains optimistic about the future of AI in the creative industries. He believes that generative AI is a net positive for creativity, expanding access to creative tools and bypassing traditional gatekeepers. "Gen AI is a net plus for creativity overall," he says. "It’s expanding access to creative tools for more and more people and bypassing a lot of the traditional gatekeepers."

The "Generate and Create" campaign highlights the potential of AI to democratize art production and foster innovation, while also navigating the intricate legal landscape surrounding copyright and fair use. As the debate continues, the tech industry and legal experts will play critical roles in shaping the future of AI and creativity.

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Source: Hollywood Reporter

Photo Credit: Getty Images

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