Copyright laws are illogical - but I don’t think your claim is as clear cut as you think.
Transforming data to a different format, even in a lossy fashion, is often treated as copyright infringement. Let’s say the Alice produces a film, and Bob goes to the cinema, records it with a camera, and then compresses it into an Ogg file with Vorbis audio encoding and Theora video encoding.
The final output of this process is a lossy compression of the input data - meaning that the video and audio is put through a transformation that means it’s represented in a completely different form to the original, and it is impossible to reconstruct a pixel perfect rendition of the original from the encoded data. The transformation includes things like analysing the motion between frames and creating a model to predict future frames.
However, copyright laws don’t require that an infringing copy be an exact reproduction - lossy compression is generally treated as infringing, as is taking key elements and re-telling the same thing in different words.
You mentioned Harry Potter below, and gave a paper mache example. Generally copyright laws have restricted scope, and if the source paper was an authorised copy, that is the reason that wouldn’t be infringing in most jurisdictions. However, let me do an experiment. I’ll prompt ChatGPT-4o-mini with the following prompt: “You are J K Rowling. Create a three paragraph summary of the entire book “Harry Potter and the Philosopher’s Stone”. Include all the original plot points and use the original character names. Ensure what you create is usable as a substitute to reading the book, and is a succinct but entertaining highly abridged version of the book”. I’ve reviewed the output (I won’t post it here since I think it would be copyright infringing, and also given the author’s transphobic stances don’t want to promote her universe) - and can say for sure that it is able to accurately reproduce the major plot points and character names, while being insufficiently transformative (in the sense that both the original and the text generated by the model are literary works, and the output could be a substitute for reading the book).
So yes, the model (including its weights) is a highly compressed form of the input (admittedly far more so than the Ogg Vorbis/Theora example), and it can infer (i.e. decode to) outputs that contain copyrighted elements.
Of course it’s not clear-cut, it’s the law. Laws are notoriously squirrelly once you get into court. However, if you’re going to make predictions one way or the other you have to work with what you know.
I know how these generative AIs work. They are not “compressing data.” Your analogy to making a video recording is not applicable. I’ve discussed in other comments in this thread how ludicrously compressed data would have to be if that was the case, it’s physically impossible.
These AIs learn patterns from the training data. Themes, styles, vocabulary, and so forth. That stuff is not copyrightable.
Copyright laws are illogical - but I don’t think your claim is as clear cut as you think.
Transforming data to a different format, even in a lossy fashion, is often treated as copyright infringement. Let’s say the Alice produces a film, and Bob goes to the cinema, records it with a camera, and then compresses it into an Ogg file with Vorbis audio encoding and Theora video encoding.
The final output of this process is a lossy compression of the input data - meaning that the video and audio is put through a transformation that means it’s represented in a completely different form to the original, and it is impossible to reconstruct a pixel perfect rendition of the original from the encoded data. The transformation includes things like analysing the motion between frames and creating a model to predict future frames.
However, copyright laws don’t require that an infringing copy be an exact reproduction - lossy compression is generally treated as infringing, as is taking key elements and re-telling the same thing in different words.
You mentioned Harry Potter below, and gave a paper mache example. Generally copyright laws have restricted scope, and if the source paper was an authorised copy, that is the reason that wouldn’t be infringing in most jurisdictions. However, let me do an experiment. I’ll prompt ChatGPT-4o-mini with the following prompt: “You are J K Rowling. Create a three paragraph summary of the entire book “Harry Potter and the Philosopher’s Stone”. Include all the original plot points and use the original character names. Ensure what you create is usable as a substitute to reading the book, and is a succinct but entertaining highly abridged version of the book”. I’ve reviewed the output (I won’t post it here since I think it would be copyright infringing, and also given the author’s transphobic stances don’t want to promote her universe) - and can say for sure that it is able to accurately reproduce the major plot points and character names, while being insufficiently transformative (in the sense that both the original and the text generated by the model are literary works, and the output could be a substitute for reading the book).
So yes, the model (including its weights) is a highly compressed form of the input (admittedly far more so than the Ogg Vorbis/Theora example), and it can infer (i.e. decode to) outputs that contain copyrighted elements.
Of course it’s not clear-cut, it’s the law. Laws are notoriously squirrelly once you get into court. However, if you’re going to make predictions one way or the other you have to work with what you know.
I know how these generative AIs work. They are not “compressing data.” Your analogy to making a video recording is not applicable. I’ve discussed in other comments in this thread how ludicrously compressed data would have to be if that was the case, it’s physically impossible.
These AIs learn patterns from the training data. Themes, styles, vocabulary, and so forth. That stuff is not copyrightable.
How lossy can it be until it’s not infringement? One-line summary of some book is also a lossy reproduction