Those claiming AI training on copyrighted works is “theft” misunderstand key aspects of copyright law and AI technology. Copyright protects specific expressions of ideas, not the ideas themselves. When AI systems ingest copyrighted works, they’re extracting general patterns and concepts - the “Bob Dylan-ness” or “Hemingway-ness” - not copying specific text or images.
This process is akin to how humans learn by reading widely and absorbing styles and techniques, rather than memorizing and reproducing exact passages. The AI discards the original text, keeping only abstract representations in “vector space”. When generating new content, the AI isn’t recreating copyrighted works, but producing new expressions inspired by the concepts it’s learned.
This is fundamentally different from copying a book or song. It’s more like the long-standing artistic tradition of being influenced by others’ work. The law has always recognized that ideas themselves can’t be owned - only particular expressions of them.
Moreover, there’s precedent for this kind of use being considered “transformative” and thus fair use. The Google Books project, which scanned millions of books to create a searchable index, was ruled legal despite protests from authors and publishers. AI training is arguably even more transformative.
While it’s understandable that creators feel uneasy about this new technology, labeling it “theft” is both legally and technically inaccurate. We may need new ways to support and compensate creators in the AI age, but that doesn’t make the current use of copyrighted works for AI training illegal or unethical.
For those interested, this argument is nicely laid out by Damien Riehl in FLOSS Weekly episode 744. https://twit.tv/shows/floss-weekly/episodes/744
Humans are indeed creative by nature, we like making things. What we don’t naturally do is publish, broadcast and preserve our work.
Society is iterative. What we build today, we build mostly out of what those who came before us built. We tell our versions of our forefathers’ stories, we build new and improved versions of our forefather’s machines.
A purely capitalistic society would have infinite copyright and patent durations, this idea is mine, it belongs to me, no one can ever have it, my family and only my family will profit from it forever. Nothing ever improves because improving on an old idea devalues the old idea, and the landed gentry can’t allow that.
A purely communist society immediately enters whatever anyone creates into the public domain. The guy who revolutionizes energy production making everyone’s lives better is paid the same as a janitor. So why go through all the effort? Just sweep the floors.
At least as designed, our idea of copyright is a compromise. If you have an idea, we will grant you a limited time to exclusively profit from your idea. You may allow others to also profit at your discretion; you can grant licenses, but that’s up to you. After the time is up, your idea enters the public domain, and becomes the property and heritage of humanity, just like the Epic of Gilgamesh. Others are free to reproduce and iterate upon your ideas.
