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AI Ethics: Intellectual Property Rights

Introduction


"[A.I.] technology itself is exciting, but the way content is sourced for the datasets is, frankly, unethical. In a world in which we're required to trade our labor for money to survive, I don't see how anyone can justify thousands of writers, artists, musicians, and other creatives not being compensated for use of their work in these AI models - and all without their consent."

--Jes Negron, author & video game developer


When OpenAI scrapes the internet to train ChatGPT, it doesn't ask anyone for permission to use their information or data, much less pay for it. They simply take whatever they want. This demonstrates a complete disregard for the concept of intellectual property rights. We should own our ideas, data, and the information we create, and have the right to decide how it is used, but this is not the case with ChatGPT.

You can use ChatGPT to compose a new song in the style of Taylor Swift, or you can, as some enterprising individuals have done, use it to write the final Game of Thrones book (since George R.R. Martin seems in no hurry to do so). ChatGPT can accomplish this because its training included consuming all of Taylor Swift's songs, and all of George R.R. Martin's books. But Taylor Swift and George R.R. Martin never gave OpenAI permission to use their copyrighted material. Likewise, AI art programs can make art in the style of famous artists because they have been trained on their art, but again, never asked for permission, and OpenAI even tried to steal Scarlett Johansson's voice! (see case study below) 

This intellectual property theft has led to lawsuits against OpenAI, including a major one filed by Martin and a number of other high-profile authors, demanding compensation for the use of their materials. And when the European Parliament's legislation required AI companies to abide by copyright law, OpenAI CEO Sam Altman threatened to pull ChatGPT from Europe, essentially admitting it could not operate within the constraints of the law.

One of the central principles of academic scholarship is providing credit to those whose ideas we use. This is one of the reasons you are required to cite your sources in research papers. ChatGPT does not provide credit to anyone whose ideas it uses, and so we cannot know where its ideas are coming from, or who created them.

Case Study: George Carlin AI comedy special

In early 2024, the Dudesy podcast, hosted by Will Sasso & Chad Kultgen, released a video titled "George Carlin: I'm Glad I'm Dead."  Carlin, one of the greatest comedians ever, died in 2008, but that didn't stop Sasso and Kultgen from feeding Carlin's old stand-up specials into an AI, which generated a "new" comedy routine on contemporary topics in his voice and style.  Carlin's estate sued, forcing Sasso and Kultgen to take down the video and scrub all mentions of it, and Carlin, from their podcast and social media accounts.

Sasson & Kultgen appeared to mean no harm, and did not attempt to monetize the fake Carlin video, but did not consider the ethical implications of using a dead person's voice, name, and comedy style without permission. 

Ref. Maddaus, Gene. "George Carlin Estate Settles Lawsuit Over AI-Generated Comedy Special." Variety.com. Variety, 2 April, 2024. https://variety.com/2024/biz/news/george-carlin-ai-impersonation-lawsuit-settlement-1235958396/

Case Study: Scarlett Johansson & OpenAI

In the spring of 2024, OpenAI launched Sky, its audio AI that sounded just like actress Scarlett Johansson.  The company had asked her on two different occasions to use her voice because of her role as a talking AI in the movie Her, and on both occasions, she refused.  So OpenAI just went ahead and made Sky sound like Johansson, anyway, with CEO Sam Altman brazenly promoting it with a Tweet that simply read "Her".  The company only removed Sky from public use after Johansson threatened legal action. 

This is yet another example of the lack of respect Altman and his company have for the intellectual property rights of others.

 

Robins-Early, Nick. "ChatGPT Suspends Scarlett Johansson-like Voice as Actor Speaks Out Against OpenAI." TheGuardian.com. The Guardian, 20 May, 2024.     www.theguardian.com/technology/article/2024/may/20/chatgpt-scarlett-johansson-voice

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