FIR #470: Creative Commons Proposes an AI Copyright Solution

Copyright challenges and intellectual property issues are consistently recognized as a serious, top-tier concern when it comes to Artificial Intelligence (AI). It may not be the top concern — that's usually related to fake news and the trustworthiness of content, followed by privacy concerns — but many creators are upset and worried about the integrity of their work when it's used as fodder for new training models. The courts will inevitably weigh in — in fact, one already has, with a federal court ruling in Anthropic's favor, asserting that its use of authors' books without compensation constitutes fair use due to the transformative nature of what Claude, Anthropic's LLM, does with them.

More lawsuits and more rulings are indeed coming, and legislation and regulation are also likely. However, Creative Commons has always preferred a voluntary compliance approach, grounded in a logical framework. In 2004, Creative Commons (under the guidance of Lawrence Lessig, a prominent American academic, attorney, and political activist known for his work on intellectual property law, campaign finance reform, and the social and legal implications of technology) developed such a framework that allowed people publishing on the web to designage how others could use their content. (This podcast is licensed under a Creative Commons attribution/share-alike license.)

Now, Creative Commons is proposing a similar approach to AI, with a framework that would empower creators to signal their preferences for how their content is used and reused. The nascent framework is currently open for public comment. In this brief, midweek episode, Neville and Shel examine the proposal and the role communicators can play in shaping its final form.

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