Thursday, August 31, 2023

Art in Action -- Copyright Office notice. Also push back against "opt in" as the default for AI training

Platforms from Zoom to Facebook, Instagram, Pinterest etc have become essential parts of our professional and social lives. 

Why is the default for anyone who posts on these platforms that we "opt in" to have our content available for AI training use?? The companies are updating their "terms of use" agreements to codify this common practice.

More on the Zoom update in this post on the blog: http://stuartngbooks.blogspot.com/2023/08/zoom-updates-terms-of-service-tos.html

Just because the "opt in" option is the easiest for the companies.. and helps them make money.. is that right? Is it fair? Or is that a violation of essential copyright protections??? 

Why can't the default be "opt out?"

Artist are pushing back against "opt in".. raising awareness... and fighting the fight for the rest of us.. 

Facebook tried to roll out an "opt out" form. Which instantly revealed a glitch that rejected a required field and prevented anyone from submitting the "opt out" request. 


Here's a link for a news story on the "opt out" request option https://www.cnbc.com/2023/08/30/how-to-stop-meta-from-using-personal-data-to-train-generative-ai-.html?__source=s

Artists have launched several petitions on Change.org

This one challenges the US Senate AI Insight Committee to include artists and not just platform executives

https://www.change.org/p/artists-creatives-must-be-included-in-white-house-discussions-on-generative-a-i/u/31868112?recently_published=

"The US Senate’s Committee on AI Insight is missing AI Ethicists, Journalists, Authors, Visual Artists (Illustrators, Animators, Photographers), Performing Artists (Actors, Voice Actors, Musicians) and many of those, whose creative works serve as the data fuel that makes an AI machine able to function.  An AI machine would not be able to output ANYTHING - if it were not filled with the work products of the people listed above.

On a committee comprised of 22 people, only four people are not from the tech industry, and from those four - only ONE, represents a portion of a single category from the numerous groups listed above."

This petition urges Etsy to adopt a "no AI" art policy..

https://www.change.org/p/etsy-ban-selling-ai-generated-art?utm_content=

What does the Copyright Office say about all of this???

These issues are on their radar... but things move slowly at the federal level. Hearings have taken place. Officials from the copyright office have been participants at art industry "town halls" to help learn from artists and others impacted by these practices.

On 8.30.23, the Copyright office issued a Notice of Inquiry on Copyright and Artificial Intelligence.


Here's the text from this Notice.

Today, the U.S. Copyright Office issued a notice of inquiry (NOI) in the Federal Register on copyright and artificial intelligence (AI). The Office is undertaking a study of the copyright law and policy issues raised by generative AI and is assessing whether legislative or regulatory steps are warranted. The Office will use the record it assembles to advise Congress; inform its regulatory work; and offer information and resources to the public, courts, and other government entities considering these issues.

The NOI seeks factual information and views on a number of copyright issues raised by recent advances in generative AI. These issues include the use of copyrighted works to train AI models, the appropriate levels of transparency and disclosure with respect to the use of copyrighted works, the legal status of AI-generated outputs, and the appropriate treatment of AI-generated outputs that mimic personal attributes of human artists.

The NOI is an integral next step for the Office’s AI initiative, which was launched in early 2023. So far this year, the Office has held four public listening sessions and two webinars. This NOI builds on the feedback and questions the Office has received so far and seeks public input from the broadest audience to date in the initiative.

“We launched this initiative at the beginning of the year to focus on the increasingly complex issues raised by generative AI. This NOI and the public comments we will receive represent a critical next step,” said Shira Perlmutter, Register of Copyrights and Director of the U.S. Copyright Office. “We look forward to continuing to examine these issues of vital importance to the evolution of technology and the future of human creativity.”

Initial written comments are due by 11:59 p.m. eastern time on Wednesday, October 18, 2023. Reply comments are due by 11:59 p.m. eastern time on Wednesday, November 15, 2023. Instructions for submitting comments are available on the Office’s website. Commenters may choose which and how many questions to respond to in the NOI.

For more general information about the Copyright Office’s AI initiative, please visit our website.

And the link for more info: https://www.copyright.gov/newsnet/2023/1017.html?fbclid=

This is the link for the PDF of the text of the Notice in the Federal Register https://www.govinfo.gov/content/pkg/FR-2023-08-30/pdf/2023-18624.pdf



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