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Generative AI and intellectual property — Benedict Evans
Generative AI and intellectual property — Benedict Evans
A person can’t mimic another voice perfectly (impressionists don’t have to pay licence fees) but they can listen to a thousand hours of music and make something in that style - a ‘pastiche’, we sometimes call it. If a person did that, they wouldn’t have to pay a fee to all those artists, so if we use a computer for that, do we need to pay them?
I think most people understand that if I post a link to a news story on my Facebook feed and tell my friends to read it, it’s absurd for the newspaper to demand payment for this. A newspaper, indeed, doesn’t pay a restaurant a percentage when it writes a review.
one way to think about this might be that AI makes practical at a massive scale things that were previously only possible on a small scale. This might be the difference between the police carrying wanted pictures in their pockets and the police putting face recognition cameras on every street corner - a difference in scale can be a difference in principle. What outcomes do we want? What do we want the law to be? What can it be?
OpenAI hasn’t ‘pirated’ your book or your story in the sense that we normally use that word, and it isn’t handing it out for free. Indeed, it doesn’t need that one novel in particular at all. In Tim O’Reilly’s great phrase, data isn’t oil; data is sand. It’s only valuable in the aggregate of billions,, and your novel or song or article is just one grain of dust in the Great Pyramid.
it’s supposed to be inferring ‘intelligence’ (a placeholder word) from seeing as much as possible of how people talk, as a proxy for how they think.
it doesn’t need your book or website in particular and doesn’t care what you in particular wrote about, but it does need ‘all’ the books and ‘all’ the websites. It would work if one company removed its content, but not if everyone did.
What if I use an engine trained on the last 50 years of music to make something that sounds entirely new and original? No-one should be under the delusion that this won’t happen.
I can buy the same camera as Cartier-Bresson, and I can press the button and make a picture without being able to draw or paint, but that’s not what makes the artist - photography is about where you point the camera, what image you see and which you choose. No-one claims a machine made the image.
Spotify already has huge numbers of ‘white noise’ tracks and similar, gaming the recommendation algorithm and getting the same payout per play as Taylor Swift or the Rolling Stones. If we really can make ‘music in the style of the last decade’s hits,’ how much of that will there be, and how will we wade through it? How will we find the good stuff, and how will we define that? Will we care?
·ben-evans.com·
Generative AI and intellectual property — Benedict Evans