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skissanelast Thursday at 7:18 PM3 repliesview on HN

IANAL either but the answer likely depends on the jurisdiction

US standards for copyrightability require human creativity and model weights likely don’t have the right kind of human creativity in them to be copyrightable in the US. No court to my knowledge has ruled on the question as yet, but that’s the US Copyright Office’s official stance.

By contrast, standards for copyrightability in the UK are a lot weaker than-and so no court has ruled on the issue in the UK yet either, it seems likely a UK court would hold model weights to be copyrightable

So from Google/Meta/etc’s viewpoint, asserting copyright makes sense, since even if the assertion isn’t legally valid in the US, it likely is in the UK - and not just the UK, many other major economies too. Australia, Canada, Ireland, New Zealand tend to follow UK courts on copyright law not US courts. And many EU countries are closer to the UK than the US on this as well, not necessarily because they follow the UK, often because they’ve reached a similar position based on their own legal traditions

Finally: don’t be surprised if Congress steps in and tries to legislate model weights as copyrightable in the US too, or grants them some sui generis form of legal protection which is legally distinct from copyright but similar to it-I can already hear the lobbyist argument, “US AI industry risks falling behind Europe because copyrightability of AI models in the US is legally uncertain and that legal uncertainty is discouraging investment”-I’m sceptical that is actually true, but something doesn’t have to be true for lobbyists to convince Congress that it is


Replies

lawlessonelast Friday at 12:36 AM

>don’t be surprised if Congress steps in and tries to legislate model weights as copyrightable in the US too

"Your Honor i didn't copy their weights, i used them to train my models weights"

simonwlast Thursday at 9:19 PM

> US standards for copyrightability require human creativity and model weights likely don’t have the right kind of human creativity in them to be copyrightable in the US. No court to my knowledge has ruled on the question as yet, but that’s the US Copyright Office’s official stance.

Has the US copyright office said that about model weights? I've only heard them saying that about images produced entirely from a prompt to a model.

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47282847last Thursday at 11:19 PM

In that line of reasoning, does it really matter how “close“ jurisdictions are to each other — also considering how what courts rule doesn’t matter as much in countries governed by civil law - but merely the enforcement of the Berne convention? As in, if something is considered to be under copyright in any one of all the signatory countries of it, the others have to respect that?

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