Simon Willison’s Weblog

I’ve resigned from my role leading the Audio team at Stability AI, because I don’t agree with the company’s opinion that training generative AI models on copyrighted works is ‘fair use’.

[...] I disagree because one of the factors affecting whether the act of copying is fair use, according to Congress, is “the effect of the use upon the potential market for or value of the copyrighted work”. Today’s generative AI models can clearly be used to create works that compete with the copyrighted works they are trained on. So I don’t see how using copyrighted works to train generative AI models of this nature can be considered fair use.

But setting aside the fair use argument for a moment — since ‘fair use’ wasn’t designed with generative AI in mind — training generative AI models in this way is, to me, wrong. Companies worth billions of dollars are, without permission, training generative AI models on creators’ works, which are then being used to create new content that in many cases can compete with the original works.

— Ed Newton-Rex # 15th November 2023, 9:31 pm

Beyond these specific legal arguments, Stability AI may find it has a “vibes” problem. The legal criteria for fair use are subjective and give judges some latitude in how to interpret them. And one factor that likely influences the thinking of judges is whether a defendant seems like a “good actor.” Google is a widely respected technology company that tends to win its copyright lawsuits. Edgier companies like Napster tend not to.

— Timothy B. Lee # 3rd April 2023, 3:38 pm