OpenAI Calls on U.S. Government to Let It Freely Use Copyrighted Material for AI Training

OpenAI, known for its ChatGPT chatbot, today submitted AI recommendations to the Trump administration, calling for deregulation and policies that give AI companies free rein to train models on copyrighted material in order to compete with China on AI development.

AI companies cannot freely innovate while having to comply with "overly burdensome state laws," according to OpenAI. The company claims that laws regulating AI are "easier to enforce" with domestic companies, imposing compliance requirements that "weaken the quality and level of training data available to American entrepreneurs." OpenAI suggests that the government provide "private sector relief" from 781+ AI-related bills introduced in various states.

OpenAI outlines a "copyright strategy" that would preserve "American AI models' ability to learn from copyrighted material." OpenAI argues that AI models should be able to be trained freely on copyrighted data, because they are "trained not to replicate works for consumption by the public" and thus align with the fair use doctrine. With its AI copyright laws, OpenAI says that the European Union has repressed AI innovation and investment.

OpenAI claims that if AI models are not provided with fair use access to copyrighted data, the "race for AI is effectively over" and "America loses." OpenAI asks that the government prevent "less innovative countries" from "imposing their legal regimes on American AI firms."

For AI data sharing, OpenAI suggests a tiered system that would see AI tech shared with countries that follow "democratic AI principles," while blocking access to China and limiting access to countries that might leak data to China. The company also suggests government investment in utilizing AI technology and building out AI infrastructure.

The use of copyrighted material for AI training has angered artists, journalists, writers, and other creatives who have had their work absorbed by AI. The New York Times, for example, has sued Microsoft and OpenAI for training AI models on news articles. Many AI tools assimilate and summarize content from news sites, driving users away from primary sources and oftentimes providing incorrect information. Image generation engines like Dall-E and Midjourney have been trained on hundreds of millions images scraped from the internet, leading to lawsuits.

OpenAI has submitted its proposals to the Office of Science and Technology Policy for consideration during the development of a new AI Action Plan that is meant to "make people more productive, more prosperous, and more free." The full text is available on OpenAI's website.

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