A bipartisan group of senators introduced a new bill to make it easier to authenticate and detect artificial intelligence-generated content and protect journalists and artists from having their work gobbled up by AI models without their permission.

The Content Origin Protection and Integrity from Edited and Deepfaked Media Act (COPIED Act) would direct the National Institute of Standards and Technology (NIST) to create standards and guidelines that help prove the origin of content and detect synthetic content, like through watermarking. It also directs the agency to create security measures to prevent tampering and requires AI tools for creative or journalistic content to let users attach information about their origin and prohibit that information from being removed. Under the bill, such content also could not be used to train AI models.

Content owners, including broadcasters, artists, and newspapers, could sue companies they believe used their materials without permission or tampered with authentication markers. State attorneys general and the Federal Trade Commission could also enforce the bill, which its backers say prohibits anyone from “removing, disabling, or tampering with content provenance information” outside of an exception for some security research purposes.

(A copy of the bill is in he article, here is the important part imo:

Prohibits the use of “covered content” (digital representations of copyrighted works) with content provenance to either train an AI- /algorithm-based system or create synthetic content without the express, informed consent and adherence to the terms of use of such content, including compensation)

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[–] [S] 160 points 2 years ago* (last edited 2 years ago) (4 children)

This is essentially regulatory capture. The article is very lax on calling it what it is.

A few things to consider:

  • Laws can't be applied retroactively, this would essentially close the door behind Openai, Google and Microsoft. Openai with sora in conjunction with the big Hollywood companies will be the only ones able to do proper video generation.

  • Individuals will not be getting paid, databrokers will.

  • They can easily pay pennies to a third world artist to build them a dataset copying a style. Styles are not copyrightable.

  • The open source scene is completely dead in the water and so is fine tuning for individuals.

Edit: This isn't entirely true, there is more leeway for non commercial models, see comments below.

  • AI isn't going away, all this does is force us and the economy into a subscription model.

  • Companies like Disney, Getty and Adobe reap everything.

In a perfect world, this bill would be aiming to make all models copyleft instead but sadly, no one is lobbying for that in Washington and money talks.

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  • [–] 54 points 2 years ago (1 child)

    Yup, I fucking knew it. I knew this is what would happen with everyone bitching about copyright this and that. I knew any legislation that came as a result was going be bastardized and dressed up to make it look like it's for everyone when in reality it's going to mostly benefit big corps that can afford licensing fees and teams of lawyers.

    People could not/would not understand how these AI models actually processes images/text or the concept of "If you post publicly, expect it to be used publicly" and here we are....

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    [–] 88 points 2 years ago (5 children)

    This is a brutally dystopian law. Forget the AI angle and turn on your brain.

    Any information will get a label saying who owns it and what can be done with it. Tampering with these labels becomes a crime. This is the infrastructure for the complete control of the flow of all information.

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  • [–] 7 points 2 years ago

    Exactly, this isn't about any sort of AI, this is the old playbook of trying to digitally track images, just with the current label slapped on. Regardless of your opinion on AI, this is a terrible way to solve this.

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    [–] 86 points 2 years ago* (last edited 2 years ago) (10 children)

    They did it. They're passing the worst version of the AI law. Thats the end for open source AI! If this passes, all AI will be closed source, and only from giant tech companies. Im sure they will find a way to steal your stuff "legally".

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    [+] 50 points 2 years ago* (last edited 1 year ago) (18 children)
  • [–] 21 points 2 years ago (1 child)

    I'm the opposite, actually. I like generative AI. But as a creator who shares his work with the public for their (non-commercial) enjoyment, I am not okay with a billionaire industry training their models on my content without my permission, and then use those models as a money machine.

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    [–] 50 points 2 years ago (2 children)

    A bit late now, isn't it?

    All the big corporations have already trained most of their current ai, so all this does is put the up and comers at a disadvantage.

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  • [–] 35 points 2 years ago (2 children)

    It could halt the progress of improving their models and stagnate the whole technology.

    That being said, it only halts progress for American companies. Other countries will happily ignore this law and grow beyond our capabilities. I'm not sure if that's better or worse than the current situation.

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  • [–] 35 points 2 years ago* (1 child)

    If this passes, this would have the perverse effect of making China (and maybe to a lesser extent the Middle East) the leading suppliers of open source / open weight AI models...

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  • [–] 33 points 2 years ago (13 children)

    So the rich have already scalped what they could. Now it can be made illegal

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    [–] 32 points 2 years ago (1 child)

    There's absolutely no way to enforce this.

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    [–] 30 points 2 years ago (1 child)

    This sounds exactly like existing copyright law and DRM.

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  • [–] 28 points 2 years ago* (5 children)

    If you put something on the Internet you are giving up ownership of it. This is reality and companies taking advantage of this for AI have already proven this is true.

    You are not going to be able to put the cat back in the bag. The whole concept of ownership over art, ideas, and our very culture was always ridiculous.

    It is past time to do away with the joke of the legal framework we call IP law. It is merely a tool for monied interests to extract more obscene profit from our culture at this point.

    There is only one way forward and that is sweeping privacy protections. No more data collection, no more targeted advertising, no more dark patterns. The problem is corporations are not going to let that happen without a fight.

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    [–] 28 points 2 years ago (1 child)

    As if a law could prevent anything of that. They simply demand "Pigs Must Fly", and don't waste a thought on how utterly unrealistic this is.

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    [–] 23 points 2 years ago (9 children)

    I posted this in a thread, but Im gonna make it a parent comment for those who support this bill.

    Consider youtube poop, Im serious. Every clip in them is sourced from preexisting audio and video, and mixed or distorted in a comedic format. You could make an AI to make youtube poops using those same clips and other "poops" as training data. What it outputs might be of lower quality (less funny), but in a technical sense it would be made in an identical fashion. And, to the chagrin of Disney, Nintendo, and Viacom, these are considered legally distinct entities; because I dont watch Frying Nemo in place of Finding Nemo. So why would it be any different when an AI makes it?

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  • [–] 7 points 2 years ago (7 children)

    I see this argument a lot as a defense for AI art and I see a couple major flaws in this line of thinking.

    First, it's treating the AI art as somehow the same as a dirivitive (or parody) work made by an actual person. These two things are not the same and should not be argued like they are.

    AI art isn't just dirivitive. It's a Frankenstein's Monster of a bunch of different pieces of art stitched together in a procedural way that doesn't credit and in fact obfuscates the original works. This is problematic at best and flat out dishonest thievery at worst. Whereas a work made by a person that is dirivitive or parody has actual work and thought put into it by an actual person. And would typically at least credit the original works being riffed on. This involves actual creative thought and human touch. Even if it is dirivitive it's unique in some way simply by virtue of being made by a person.

    AI art cannot and will not ever be unique, at least not when used to just create a work wholesale. Because it's not being creative. It's calculating and nothing more. (at least if we're talking about current tachnology. A possible future General AI could flout this argument. But that would get into an AI personhood conversation not really relevant to our current machine learning tech).

    Secondly, no one is worried that some hypothetical shitty AI video is going to somehow usurp the work that it's stealing from. What people are worried about is that AI art is going to be used in place of hiring actual artists for bigger projects. And the fact that this AI art exists solely because it's scraped the internet of art from those same artists now losing their livelihoods makes the tech incredibly fucked up.

    Now don't get me wrong though. I do believe machine learning has its place in society. And we've already been using it for a long time to help with large tasks that would be incredibly difficult if not impossible for people to do on their own in a bunch of different industries. Things like medicine research in the pharmaceutical sector and fraud monitoring in the banking sector come to mind.

    Also, there is an argument to be had that machine learning algorithms could be used as tools in creating art. I don't really have a problem with those use cases. Things that come to mind are a bunch of different tools that exist in music production right now that in my opinion help in allowing artists to fulfill their vision. Watch some There I Ruined It videos on YouTube to see what I mean. Yeah that guy is using AI to make himself sound like other musicians. But that guy also had to be a really solid singer and impressionist in the first place for those songs to be any good at all.

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  • [–] [S] 12 points 2 years ago* (last edited 2 years ago)

    It's a Frankenstein's Monster of a bunch of different pieces of art stitched together in a procedural way that doesn't credit and in fact obfuscates the original works

    What you described is collage and is completely legal. How image generation works is much more complicated but in any case, both it and collage clearly fall under transformative use.

    https://en.m.wikipedia.org/wiki/Transformative_use

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    [–] 14 points 2 years ago (12 children)

    Ladies and gentlemen of the jury, before you stands 8-year-old Billy Smith. He stands accused of training on copyrighted material. We actually have live video of him looking and reading books from the library. He he trained on the contents of over 100 books this year.

    We ask you to enforce the maximum penalty and send his parents to prison.

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  • [–] 17 points 2 years ago* (3 children)

    I get what you're saying, but there's something of a difference between someone studying something for months or years then writing about it, and a language model ran by one of the tech giants scraping media and immediately generating stuff from it, for commercial use, for the profit of the company that owns it.

    It's kinda like how plagiarising somebody's book word for word never used to be a crime when it was a painstaking process of manually writing it back out for every copy. When the printing press came out, though? It allowed dodgy businesses to large-scale fuck over authors, and the law had to play catch-up.

    I don't actually think this proposal is that well thought out, but I also don't think we should think of AI models or corporations as being people - they aren't people, and they shouldn't necessarily have the same rights and privileges that we do.

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    [–] 14 points 2 years ago (2 children)

    LOL

    So I take your photo, remove your watermark, put my own watermark on it, and then I sue you for removing my watermark.

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  • [–] 10 points 2 years ago (3 children)

    Don't be a fool. Of course, content corporations like Disney or the NYT are able to prove just when something was made.

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  • [–] 7 points 2 years ago*

    Don't be a fool either.

    Of course I am going to do this to you, not to Disney etc. because I am way better at creating proof than you are.

    And of course Disney etc. are going to do this to you and me, because they are even better at creating proof than you and me are.

    That's how foolish this law is.

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    [–] 10 points 2 years ago

    Anyone supporting this better be against right of repair and jail time for anyone discussing a sporting event without written permission

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  • [–] 9 points 2 years ago* (1 child)

    How would this even work when you sometimes can just remove the watermark by photoshoping?

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  • [–] 8 points 2 years ago

    Doesn't this infringe on fair use? e.g. if i'm making a parody of something and I mimic the original even by using a portion of the original's text word for word.

    Everyone is so obsessed with having a monopoly over everything, it's not what is best for 8 billion people.

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