Brian Eastwood, MIT Sloan; How ‘learnrights’ would compensate creators for AI model training
"Human content creators are protected by copyright law, in part to ensure that they’re fairly compensated for their work.
But whether these laws allow artificial intelligence models to learn from human-created content is up for debate — both in court and on Capitol Hill. Encyclopedia Britannica’s lawsuit against OpenAI, for example, is one of the latest allegations of misuse of reference materials. Meanwhile, the U.S. Copyright Office has not made a binding determination about whether using copyrighted works to train AI models is fair use.
To deal with these issues, in 2023 MIT Sloan School of Management professor Thomas Malone proposed “learnright” laws that would give copyright holders the exclusive right to license their content to AI companies for model training.
“Copyright law wasn’t designed for a world with generative AI, and without something like learnright laws, the incentives for people to create new content are likely to be greatly reduced,” said Malone, who is also the director of the MIT Center for Collective Intelligence.
In a more recent article, Malone and co-authors Frank Pasquale of Cornell Law School and Andrew Ting of George Washington University Law School outlined the argument for learnrights and described how they could work legally, economically, and practically...
Malone and his co-authors presented three arguments that support compensating copyright holders whose work is used to train generative AI.
If AI models produce high-quality content quickly and cheaply without compensating the original creators of this content, that will decrease creators’ motivation to produce new content and thus reduce the volume of original work available to further improve AI models. “It would be unwise to risk such a decline in incentives for human expression,” the researchers write.
The researchers find it “troubling” that for-profit AI companies cry foul when others use their intellectual property — as was the case when U.S.-based AI firms accused China’s DeepSeek of stealing from them — given that the same companies use copyrighted content without compensating its creators.
Properly acknowledging how other works influenced one’s own is the right thing to do and the foundation of a thoughtful creative process, the researchers write. Conversely, uncredited and uncompensated use of others’ work falls short of ethical standards and undermines what IP protection is supposed to mean."
