this post was submitted on 26 Jul 2023
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Typically the argument has been "a robot can't make transformative works because it's a robot." People think our brains are special when in reality they are just really lossy.
Even if you buy that premise, the output of the robot is only superficially similar to the work it was trained on, so no copyright infringement there, and the training process itself is done by humans, and it takes some tortured logic to deny the technology's transformative nature
Go ask ChatGPT for the lyrics of a song and then tell me, that's transformative work when it outputs the exact lyrics.
Well, they're fixing that now. I just asked chatgpt to tell me the lyrics to stairway to heaven and it replied with a brief description of who wrote it and when, then said here are the lyrics: It stopped 3 words into the lyrics.
In theory as long as it isn't outputting the exact copyrighted material, then all output should be fair use. The fact that it has knowledge of the entire copyrighted material isn't that different from a human having read it, assuming it was read legally.
This feels like a solution to a non-problem. When a person asks the AI "give me X copyrighted text" no one should be expecting this to be new works. Why is asking ChatGPT for lyrics bad while asking a human ok?
Try it again and when it stops after a few words, just say "continue". Do that a few times and it will spit out the whole lyrics.
It's also a copyright violation if a human reproduces memorized copyrighted material in a commercial setting.
If, for example, I give a concert and play all of Nirvana's songs without a license to do so, I am still violating the copyright even if I totally memorized all the lyrics and the sheet music.