“Suno’s training data includes essentially all music files of reasonable quality that are accessible on the open internet.”

“Rather than trying to argue that Suno was not trained on copyrighted songs, the company is instead making a Fair Use argument to say that the law should allow for AI training on copyrighted works without permission or compensation.”

Archived (also bypass paywall): https://archive.ph/ivTGs

  • 800XL@lemmy.world
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    2 months ago

    Fantastic! I love music and am currently training an AI of myself to determine whether or not I would like certain music, movies, tv shows, video games, business ideas, technolory, porn and art. In order to train my personal AI properly I need a copy of everything every human being and corporation has ever created so I can personally assess it.

    This is great news for everyone!

  • SaharaMaleikuhm@feddit.org
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    2 months ago

    I just don’t get how we can’t just sue them. You’d think the big copyright holders, record labels in this case, would be all over that.

    • JustTesting@lemmy.hogru.ch
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      Uhm, this came out as part of a law suit against them by the record industry? So they are in the process of being sued.

      While not surprising, the admission, which was made as part of court proceedings responding to a massive recording industry lawsuit against the company, shows yet again that many AI tools are trained on, essentially, anything that companies can get their hands on.

      • CosmoNova@lemmy.world
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        Thank you. I‘m honestly baffled at the amount of comments talking out of their ass in this thread as if the legal system has made 0 progress or effort to deal with anything AI related by now. It‘s reminiscent of how cryptobros talked about NFTs not so long ago and how all the scammers are untouchable because laws don‘t mention NFTs directly or something. AI is the largest case of copyright infringement ever committed and labels do not give a damn about subjective and debatable „but it’s transformative“ arguments. Again, it‘s baffling.

  • Fubarberry@sopuli.xyz
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    2 months ago

    There’s nothing stopping you from going to youtube, listening to a bunch of hit country songs there, and using that inspiration to write a “hit country song about getting your balls caught in a screen door”. That music was free to access, and your ability to create derivative works is fully protected by copyright law.

    So if that’s what the AI is doing, then it would be fully legal if it was a person. The question courts are trying to figure out is if AI should be treated like people when it comes to “learning” and creating derivative works.

    I think there are good arguments to both sides of that issue. The big advantage of ruling against AI having those rights is that it means that record labels and other rights holders can get compensation for their content being used. The main disadvantage is that high cost barriers to training material will kill off open-source and small company AI, guaranteeing that generative AI is fully controlled by tech giant companies like Google, Microsoft, and Adobe.

    I think the best legal outcome is one that attempts to protect both: companies and individuals below a certain revenue threshold (or other scale metrics) can freely train on the open web, but are required to track what was used for training. As they grow, there will be different tiers where they’re required to start paying for the content their model was trained on. Obviously this solution needs a lot of work before being a viable option, but I think something similar to this is the best way to both have competition in the AI space and make sure people get compensated.

    • Cagi@lemmy.ca
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      Taking other people’s creative works to create your own for-profit product is illegal in every way except when AI does it. AI is not a person watching videos. AI is a product using others’ content as its bricks and mortar. Thousands of hours of work on a project you completed being used by someone else to turn sa profit, maybe even used in some way you vehemently disagree with, without giving you a dime is unethical and needs regulation from that perspective.

      • Gutless2615@ttrpg.network
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        2 months ago

        Taking other people’s creative works to create your own productive work is allowed if you are making a fair use. There’s a very good argument that use such as training a model on a work would be a fair use under the current test; being a transformative use, that replicates practically no actual part of the original piece in the finished work, that (arguably) does not serve as a replacement for that specific piece in the market.

        Fair use is the cornerstone of remix art, of fan art, of huge swathes of musical genres. What we are witnessing is the birth of a new technique based on remixing and unfortunately this time around people are convinced that fighting on the side of big copyright is somehow the good thing for artists.

      • Fubarberry@sopuli.xyz
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        2 months ago

        That’s covered by section 107 of the US copyright law, and is actually fine and protected as free use in most cases. As long as the work is a direct copy and instead changes the result to be something different.

        All parody type music is protected in this way, whether it’s new lyrics to a song, or even something less “creative” like performing the lyrics of song A to the melody and style of song B.

      • commie@lemmy.dbzer0.com
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        2 months ago

        Taking other people’s creative works to create your own for-profit product is illegal in every way except when AI does it.

        wrong.

      • commie@lemmy.dbzer0.com
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        2 months ago

        Thousands of hours of work on a project you completed being used by someone else to turn a profit, maybe even used in some way you vehemently disagree with, without giving you a dime is

        exactly how human culture progresses, and trying to stop it

        is unethical and needs regulation from that perspective.

      • antler@feddit.rocks
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        2 months ago

        Taking other people’s creative works to create your own for-profit product is illegal in every way except when AI does it.

        No, actually its completely legal to consume content that was uploaded to the internet and then use it as inspiration to create your own works.

      • MrSoup@lemmy.zip
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        If you use a tool, let’s say photoshop, to make an image, should it be of public domain?
        Even if the user effort here is just the prompt, it’s still a tool used by an user.

        • Petter1@lemm.ee
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          2 months ago

          Well, the AI doesn’t do all the work, you use public domain material (AI output) to create your own copyright protected product/art/thing etc.

          All you have to do is put some human work into the creation. I guess the value of the result still correlates with the amount of human work one puts into a project.

        • moonlight@fedia.io
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          2 months ago

          If you roll a set of dice, do you own the number?

          I don’t think it is a tool in the same sense that image editing software is.

          But if for example you use a LLM to write an outline for something and you heavily edit it, then that’s transformative, and it’s owned by you.

          The raw output isn’t yours, even though the prompt and final edited version are.

          • Fubarberry@sopuli.xyz
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            2 months ago

            If you snap a photo of something, you own the photo (at least in the US).

            There’s a solid argument that someone doing complex AI image generation has done way more to create the final product than someone snapping a quick pic with their phone.

            • just another dev@lemmy.my-box.dev
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              2 months ago

              One could also say that building a camera from first principles is a lot more work than entering a prompt in DALL-E, but using false equivalents isn’t going up get us very far.

              • Fubarberry@sopuli.xyz
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                2 months ago

                I think a fairer comparison in that case would be the difficulty of building a camera vs the difficulty of building and programming an AI capable computer.

                That doesn’t really make sense either way though, no on is building their camera/computer from raw materials and then arguing that gives them better intellectual rights.

    • Even_Adder@lemmy.dbzer0.com
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      2 months ago

      It should be fully legal because it’s still a person doing it. Like Cory Doctrow said in this article:

      Break down the steps of training a model and it quickly becomes apparent why it’s technically wrong to call this a copyright infringement. First, the act of making transient copies of works – even billions of works – is unequivocally fair use. Unless you think search engines and the Internet Archive shouldn’t exist, then you should support scraping at scale: https://pluralistic.net/2023/09/17/how-to-think-about-scraping/

      Making quantitative observations about works is a longstanding, respected and important tool for criticism, analysis, archiving and new acts of creation. Measuring the steady contraction of the vocabulary in successive Agatha Christie novels turns out to offer a fascinating window into her dementia: https://www.theguardian.com/books/2009/apr/03/agatha-christie-alzheimers-research

      The final step in training a model is publishing the conclusions of the quantitative analysis of the temporarily copied documents as software code. Code itself is a form of expressive speech – and that expressivity is key to the fight for privacy, because the fact that code is speech limits how governments can censor software: https://www.eff.org/deeplinks/2015/04/remembering-case-established-code-speech/

      That’s all these models are, someone’s analysis of the training data in relation to each other, not the data itself. I feel like this is where most people get tripped up. Understanding how these things work makes it all obvious.

      • Petter1@lemm.ee
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        2 months ago

        I think AI should be allowed ti use any available data, but it has to be made freely available e.g. by making it downloadable on huggingface

    • Petter1@lemm.ee
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      2 months ago

      Yea, I think only big media corporations would profit from such a copyright rule Average Joe’s creations will be scraped because he has no funding to prove and sue those big AI corporations

    • ColeSloth@discuss.tchncs.de
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      2 months ago

      Actually, that music was based off of getting royalties and ad viewership. No one will pay for an ai to be exposed to an ad or pay royalties for an ai to hear a song. Or have an ai to hear a song for the chance of the ai buying merchandise or a concert ticket.

    • YeetPics@mander.xyz
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      2 months ago

      Inspiration ≠ mathematically derived similarity.

      These aren’t artists giving their own rendering, these are venture capitalists using shiny tools to steal other people hard work.

        • falcunculus@jlai.lu
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          2 months ago

          “4 chords” is a cool mashup but it’s not really a valid point in this conversation.

          The songs in “4 chords” don’t use the same 4 chords, because they are higher and lower than that. So you might say they use the same progression, but that’s not true either, because they’re not always constantly in the same order. So the best you can say is “it’s possible to interpret pitch- and tempo-adjusted excerpts of these songs back-to-back”, which isn’t a very strong claim.

          In fact there’s a lot of things separating the songs in “4 chords”; such as structure, arrangement, rhythm, lyrics, or production. Another fact is that it’s perfectly possible to use these four chords in a way that you’ve never heard before and would likely find bizarre – it’s a bit of meme, but limitation really can breed creativity.

          This isn’t to defend the lack of creativity in the big music industry. But there’s more to it than just saying “4 chords” to imply all musicians do is follow an established grid.

    • Captain Aggravated@sh.itjust.works
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      2 months ago

      I’m reminded of the Blue Man Group’s Complex Rock Tour. One of the major themes of the show is the contradiction in terms that is the “music industry.” That we tend to think of music as an artistic, ethereal thing that requires talent and inspiration…and yet we churn out pop music the same way we churn out cars and smart phones.

  • Melvin_Ferd@lemmy.world
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    2 months ago

    They’re not recreating music or selling albums. Someone called the musicians victims lol

    Insane stuff

    • diffusive@lemmy.world
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      2 months ago

      Copyright doesn’t work like that.

      The fact that you put online (e.g. in an online shop or, heck, even for free on your website) doesn’t imply anyone can use it for anything they please.

      For example an mp3 on a indie musician website for making people know their music, doesn’t mean people can start making CD out of it and selling them

      You may say that piracy exists but it is illegal and AI training is pretty much for profit piracy (using something outside the intended scope defined by the author for profit)

      • GBU_28@lemm.ee
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        2 months ago

        Sure, this company will burn for this, but Pandora’s box is wide open now.

        I’m not condoning anything, but the original comment is unfortunately 100% true.

    • stiephelando@discuss.tchncs.de
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      2 months ago

      Posting doesn’t mean anyone can exploit it for commercial gain. Also a lot of music is pirated against the Creator’s wishes.

      • ArmokGoB@lemmy.dbzer0.com
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        2 months ago

        UMG can go to hell. Musicians already make almost next to nothing from song sales because the labels take so much.

        • The Quuuuuill@slrpnk.net
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          2 months ago

          Yeah but the fucking labels aren’t even being that resistant to AI. AI is robbing the labels a little, and the artists a lot. It’s like how in 1984 george orwell points out the proletariat and the middle class should be allies, but the middle class always installs itself as the upper class and leaves the proletariat behind. The labels are willing to ditch the artists so long as they get to stay in one of the upper two classes. So they’re willing to sell access to their back catalog and their lost masters to the AI companies so long as that pays them a little bit better than paying out for new artists to join the label. They’re the fucking overseers or the small whites in Haiti. They hurt the people they should be working with because they’re too short sighted to see what’s gonna happen once everything shakes out. And you’re over here rooting the AI robbery on because it will hurt the labels instead of realizing who it’s REALLY gonna hurt

  • Hildegarde@lemmy.world
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    2 months ago

    One of the four fair use factors is the portion of the copyrighted work that was taken. For a finding of fair use under this factor, the infringing work must only take the amount of copyrighted material needed for the infringing work’s purpose.

    If they ripped every single file they have access to, there’s no way to be found as fair use under this factor. If they argue they were using a curated list of only the works they needed to develop their model it could be fair use, but admitting to taking every possible work in their entirety is a surefire way to fail a fair use defense.

    • Vlyn@lemmy.zip
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      2 months ago

      But that’s not how model training works, it doesn’t simply copy and paste entire songs into its training data. It more or less “listens” to it, analyzes it and when you ask to create a rock song for example it just has an algorithm behind it what a song like that would sound like.

      But you can’t just ask it to generate Bohemian Rhapsody from its data, it would probably get very close depending on the training, but it would never be 100% the same (except the model was only trained on this one song).

      Just like you can listen to rock songs and then make your own, that’s totally valid. The problem here is of course automation and scale, but saying it’s not fair use is dubious.

      • Hildegarde@lemmy.world
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        2 months ago

        Fair use is a legal doctrine relating to derivitave works based on copyrighted works. An AI model’s fair use determination would be judged by the same standards and all derivative works.

        It doesn’t matter how they used the copyrighted works. This factor is about scale not intent.

        There are four factors, and no single factor is determinative. But admitting their model uses as much training as possible makes their model less likely to be fair use.

        • Vlyn@lemmy.zip
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          2 months ago

          If I as a human listened to every single song of a band from start to finish, then produced a similar song in the same vein (lyrics / music genre), it would be fair use.

          So why would it stop being fair use if an AI does the same thing? Just that the AI can listen to every song of this band and a million other bands, combining them.

          • Hildegarde@lemmy.world
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            2 months ago

            Because fair use is an affirmative defense to copyright infringement. To use a fair use defense you have to admit your work is infringing, but argue that the infringement is justifiable.

            Trying to defend the AI with fair use requires you to admit the AI itself is infringing, but justifiable, and by the doctrine of fair use, it is almost certainly not.

            Only humans can hold copyrights. Your example would be a non-infringing work because it lacks direct copying. An AI doing the same would make an uncopyrightable work, with the AI itself being infinging if you tried the fair use defense.

            • Vlyn@lemmy.zip
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              2 months ago

              Only humans can hold copyrights.

              Yeah, no. Most copyrighted material is owned by companies, you don’t have to be a natural person to hold copyrights. And if a company can hold copyrights, you can also argue it can have fair use.

              • Hildegarde@lemmy.world
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                2 months ago

                Companies are run by people. The human employees create copyrighted works that become the property of their employer by the terms of their contract. That’s how work for hire contracts work…

                You would know this if you have ever worked in any creative field.

                • Vlyn@lemmy.zip
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                  2 months ago

                  I work in a creative field. But companies are companies. If I work for a company and create something, it doesn’t belong to a natural person, it immediately goes over to the company.

                  Not the CEO or CTO or whoever is in management, it belongs to the legal entity. Isn’t this a company owning the work I just created? If the CEO dies, the company still owns it.

  • snooggums@midwest.social
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    2 months ago

    If copyright had a reasonable duration, a huge chunk of that would have been public domain and not an issue.

  • can@sh.itjust.works
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    2 months ago

    It’s pretty obvious if you get specific with the tags. Especially with older styles where there’s less available trianing data.

    • Telorand@reddthat.com
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      2 months ago

      I’m fine with copyright, provided it’s limited to only a few years and can’t ever be extended. This “lifetime of the author plus 50 years” shit is what makes it terrible.

      • archomrade [he/him]@midwest.social
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        2 months ago

        Because it manufactures scarcity and causes us to repeatedly expend energy reproducing things that could be otherwise copied and enjoyed at near-zero cost.

        We keep inventing silly rules in order to put off dealing with the existential threat our mode of production represents. “Copyright” is the first and silliest of those rules.

        • Creat@discuss.tchncs.de
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          Are you taking about patents? Cause a world without copyright doesn’t sound very fun to me. Or anyone in a remotely creative job.

          Ever for patents: There’s a reason innovations are protected literally anywhere in the world, but the durations being ever longer is a real problem (5 years would probably be fine). The basic concept is still just straight up necessary.

          • archomrade [he/him]@midwest.social
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            2 months ago

            No, i’m talking about all intellectual works (copyrights and patents being some of the categories commonly used)

            Humans need no incentive to create new works, but the way we distribute resources requires us to make these rules so that those creators fit within our ‘work for food’ production model.

            Even a modest UBI would support most creative endeavors, but instead of that we have a “monetize your work or starve” arrangement.

            • Creat@discuss.tchncs.de
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              2 months ago

              I agree that the current state of laws is overkill by about an order of magnitude, and that’s obviously bad.

              But you do need some amount of protection for works created. Imagine being a photographer, you can’t make money. You make some nice photos, and how do you sell them? If you send a sample to someone, they can just print that and you can do nothing. There’s no copyright after all. It isn’t somthing you can protect legally, so you can’t stop them or sue them for compensation. There’s also a flip side from the corporate perspective: You might find employment as a full time photographer in places that need them, but what about all the companies that just need an occasional picture? You can’t contract it out, because you have no way to negotiate anything if their work isn’t protected, you can’t even look at samples cause nobody would ever dare showing any or they might just be used.

    • The Quuuuuill@slrpnk.net
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      2 months ago

      I think you have to abolish hierarchical society first. Which I also think should be done. But if you get rid of rules protecting creative endeavors before getting rid of the shitheel corporations it gets rid of creative endeavor more than it gets rid of the corporate bastards. The problem with copyright as it stands is how much the corporate bastards have twisted it over time to benefit them instead of the collective us.

      • archomrade [he/him]@midwest.social
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        2 months ago

        You don’t have to abolish hierarchy, you just have to de-tangle work from sustenance-level resource distribution. A UBI sufficient for living would be enough. Even providing universal housing and reducing the workweek would help.

        Copyright simply makes creative work profitable, but profit isn’t necessarily a prerequisite for creative work.

        • The Quuuuuill@slrpnk.net
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          Oh my desire to abolish hierarchical society is… Pretty core to who I am lol. So there was some bias in that. Yeah there’s ways to make get rid of copyright, still have professions, and still have a hierarchy, but at a certain point you’re building a gentler form of capitalism instead of treating people with the true respect and dignity they deserve. I’m willing to accept I’m pretty radical on this particular set of views.

          Also yes. Everyone should get UBI and the billionaires pockets should be where we get the money from

          • archomrade [he/him]@midwest.social
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            2 months ago

            I guess my point is that retaining copyright isn’t necessarily dependent on abolishing hierarchies altogether. People imagine it would take a complete re-imagining of our economy to abolish copyright (and it isn’t a small thing, to be sure), but it’s honestly less intensive than most people think.

            Especially since most of the economic value of copyright is held by large corporations, not private individuals.

  • strawberry@kbin.run
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    2 months ago

    they’re right, they should absolutely be allowed to use and profit off of other peoples work that they spent decades learning and perfecting

    (this is sarcasm in case you can’t tell they’re dumb as fuck for saying that shut this company down today pls)

    • redisdead@lemmy.world
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      2 months ago

      If I make a song inspired by the sound of two artists, the lyrics of two other songs, and the voice of a few more, who gets the money?

      • Noble Shift@lemmy.world
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        I should think everybody should get a piece [Edit] Inspired actually changes everything. Inspired is all you. But if you’re using actual parts or pieces of somebody else’s work, then they should be compensated.

    • sunzu@kbin.run
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      2 months ago

      Its fair use when they take your labour, it is gulag when you play their song.