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Lawfare Archive: Pam Samuelson on Copyright's Threat to Generative AI

5/10/202636 min

From July 17, 2023: The only thing more impressive than the performance of generative AI systems like GPT-4 and Stable Diffusion is the sheer volume of training data that went into these systems. GPT was reportedly trained on, essentially, the entire Internet, while Stable Diffusion and other image-generation models rely on hundred of millions if not billions of existing pieces of artwork. Of course, much of this content is copyrighted, and the authors and artists whose work is being used to train these models and, potentially, threaten their own livelihoods are paying attention. A number of high-profile lawsuits are making their way through the courts, and the outcome of these cases could hugely shape, and potentially even stop, progress in machine learning.

To explore these issues, Alan Rozenshtein, Associate Professor of Law at the University of Minnesota and Senior Editor at Lawfare, spoke with Pam Samuelson, the Richard M. Sherman Distinguished Professor of Law at the University of California at Berkeley and one of the pioneers in the study of digital copyright law. She's just published a new piece in the journal Science titled "Generative AI meets copyright,” in which she analyzes the current litigation around generative AI and where it might lead.

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  1. Dana Stusser0:00

    [gentle music] Hi, I'm Dana Stusser, and I'm a foreign policy editor at Lawfare. You may have heard me on Rational Security, or maybe you've read some of the articles I've edited about international affairs. Those articles are just one part of the amazing work that Lawfare does to tackle hard national security questions. Lawfare provides in-depth, nonpartisan analysis on issues that impact anyone who cares about democracy, cybersecurity, foreign policy, and the rule of law. I've been working with Lawfare since 2016, and I'm so incredibly proud to be a part of this organization. The analysis always provides nuance and engages in the complexity of the issues while still being approachable. I'm constantly learning when I edit our authors and read the site, and it's a real privilege to contribute to this site that is a resource not just for me, but for so many people trying to make sense of this moment. But as you've probably noticed, the pace of events isn't slowing down. The need for the type of informed expert analysis that Lawfare provides is greater than ever. We're a 501(c)(3) nonprofit, and everything we produce is accessible to anyone who wants it, but that only works if readers and listeners like you contribute to helping us make the site. So I'm asking you to please help support our work by becoming a material supporter. Join our community of smart, informed people, and you'll get access to member-only perks like the ad-free podcast feed, monthly ask us anything opportunities, invites to special events, and more. To become a material supporter, head to lawfaremedia.org/support. Just ten dollars a month or more if you're able makes a difference for us. That's lawfaremedia.org/support.

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