How Google’s AI legal protections can change art and copyright protections
Google has been facing a wave of litigation recently as the implications of generative artificial intelligence (AI) on copyright and privacy rights become clearer.
Amid the ever-intensifying debate, Google has not only defended its AI training practices but also pledged to shield users of its generative AI products from accusations of copyright violations.
However, Google’s protective umbrella only spans seven specified products with generative AI attributes and conspicuously leaves out Google’s Bard search tool. The move, although a solace to some, opens a Pandora’s box of questions around accountability, the protection of creative rights and the burgeoning field of AI.
Moreover, the initiative is also being perceived as more than just a mere reactive measure from Google, but rather a meticulously crafted strategy to indemnify the blossoming AI landscape.
AI’s legal cloud
The surge of generative AI over the last couple of years has rekindled the age-old flame of copyright debates with a modern twist. The bone of contention currently pivots around whether the data used to train AI models and the output generated by them violate propriety intellectual property (IP) affiliated with private entities.
In this regard, the accusations against Google consist of just this and, if proven, could not only cost Google a lot of money but also set a precedent that could throttle the growth of generative AI as a whole.
Google’s legal strategy, meticulously designed to instill confidence among its clientele, stands on two primary pillars, i.e., the indemnification of its training data and its generated output. To elaborate, Google has committed to bearing legal responsibility should the data employed to devise its AI models face allegations of IP violations.
Not only that, but the tech giant is also looking to protect users against claims that the text, images or other content engendered by its AI services do not infringe upon anyone else’s personal data — encapsulating a wide array of its services, including Google Docs, Slides and Cloud Vertex AI.
Google has argued that the utilization of publicly available information for training AI systems is not tantamount to stealing, invasion of privacy or copyright infringement.
However, this assertion is under severe scrutiny as a slew of lawsuits accuse Google of misusing personal and copyrighted information to feed its AI models. One of the proposed class-action lawsuits even alleges that Google has built its entire AI prowess on the back of secretly purloined data from millions of internet users.
Therefore, the legal battle seems to be more than just a confrontation between Google and the aggrieved parties; it underlines a much larger ideological conundrum, namely: “Who truly owns the data on the internet? And to what extent can this data be used to train AI models, especially when these models churn out commercially lucrative outputs?”
An artist’s perspective
The dynamic between generative AI and protecting intellectual property rights is a landscape that seems to be evolving rapidly.
Nonfungible token artist Amitra Sethi told Cointelegraph that Google’s recent announcement is a significant and welcome development, adding:
“Google’s policy, which extends legal protection to users who may face copyright infringement claims due to AI-generated content, reflects a growing awareness of the potential challenges posed by AI in the creative field.”
However, Sethi believes that it is important to have a nuanced understanding of this policy. While it acts as a shield against unintentional infringement, it might not cover all possible scenarios. In her view, the protective efficacy of the policy could hinge on the unique circumstances of each case.
When an AI-generated piece loosely mirrors an artist’s original work, Sethi believes the policy might offer some recourse. But in instances of “intentional plagiarism through AI,” the legal scenario could get murkier. Therefore, she believes that it is up to the artists themselves to remain proactive in ensuring the full protection of their creative output.
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Sethi said that she recently copyrighted her unique art genre, “SoundBYTE,” so as to highlight the importance of artists taking active measures to secure their work. “By registering my copyright, I’ve established a clear legal claim to my creative expressions, making it easier to assert my rights if they are ever challenged,” she added.
In the wake of such developments, the global artist community seems to be coming together to raise awareness and advocate for clearer laws and regulations governing AI-generated content.
Tools like Glaze and Nightshade have also appeared to protect artists’ creations. Glaze applies minor changes to artwork that, while practically imperceptible to the human eye, feeds incorrect or bad data to AI art generators. Similarly, Nightshade lets artists add invisible changes to the pixels within their pieces, thereby “poisoning the data” for AI scrapers.
Industry-wide implications
The existing narrative is not limited to Google and its product suite. Other tech majors like Microsoft and Adobe have also made overtures to protect their clients against similar copyright claims.
Microsoft, for instance, has put forth a robust defense strategy to shield users of its generative AI tool, Copilot. Since its launch, the company has staunchly defended the legality of Copilot’s training data and its generated information, asserting that the system merely serves as a means for developers to write new code in a more efficient fashion.
Adobe has incorporated guidelines within its AI tools to ensure users are not unwittingly embroiled in copyright disputes and is also offering AI services bundled with legal assurances against any external infringements.
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The inevitable court cases that will appear regarding AI will undoubtedly shape not only legal frameworks but also the ethical foundations upon which future AI systems will operate.
Tomi Fyrqvist, co-founder and chief financial officer for decentralized social app Phaver, told Cointelegraph that in the coming years, it would not be surprising to see more lawsuits of this nature coming to the fore:
“There is always going to be someone suing someone. Most likely, there will be a lot of lawsuits that are opportunistic, but some will be legit.”
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The new home secretary will host talks on how to stop people smuggling in her first major engagement in the role.
Shabana Mahmood will host the so-called Five Eyes security alliance, holding talks between counterparts from the US, Australia, Canada and New Zealand.
The security alliance discussion comes after an estimated 1,000 people arrived by small boat in Britain over the course of a single day, with French authorities saying 24 people were rescued while trying to cross the English Channel.
Ms Mahmood said the numbers, which take the yearly total to more than 30,000 in record time, were “utterly unacceptable” and that she expected migrant returns under a deal agreed last month with France to begin “imminently”.
She was promoted into the role Friday during a dramatic reshuffle of Keir Starmer’s top team, which followed in the wake of Angela Rayner’s resignation over her tax affairs.
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Sir Keir will now be hoping to draw a line under the fallout of his former deputy’s departure, as well as a summer dominated by criticism of his government’s handling of the small boats crisis.
Ms Mahmood said the Five Eyes intelligence sharing pact would “agree new measures to protect our border”. The group will also discuss new measures to tackle child sexual abuse online, as well as the spread of deadly synthetic opioids, the Home Office said.
Ms Mahmood said: “Rebuilding our reputation on the world stage is how we tackle serious organised crime and secure our borders.”
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“The Five Eyes might be drawn from different corners of the globe, but we are united by our alliance,” she added.
“As the security threats we all face become more complex and span continents, we are stronger and safer together.”
She will be joined at the talks by US secretary of homeland security Kristi Noem, Canadian public safety minister Gary Anandasangaree, Australian home affairs minister Tony Burke and New Zealand minister Judith Collins.
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The Prime Minister has told his new ministers to “go up a gear” in delivering on Labour’s agenda, part of which now involves a toughened immigration policy as he faces pressure in the polls from Nigel Farage’s Reform UK.
In Ms Mahmood’s first full day in the job, she met the head of Scotland Yard to receive a briefing on the policing operation in response to protests in London.
“Supporting Palestine and supporting a proscribed terrorist group are not the same thing,” she said.
“An honour to visit Sir Mark (Rowley) and the Metropolitan Police to see them at work policing protests yesterday.”
Almost 900 people were arrested in central London at a protest against the banning of Palestine Action.
The leader of Britain’s trade unions is to accuse Sir Keir Starmer of failing to deliver the change Labour promised during the election campaign last year.
In his keynote speech at the TUC conference in Brighton, general secretary Paul Nowak will claim that for too many people change still feels like a slogan, not a reality.
After a troubled first year in government that has seen Labour lose support to Reform UK, Mr Nowak will warn the lack of change cannot continue and the government must deliver on jobs, public services and living standards.
And he will claim Rachel Reeves’ budget on 26 November must include windfall taxes on bank profits and gambling companies, a wealth tax on millionaires and the lifting of the two-child benefit cap introduced by George Osborne during the coalition government.
Mr Nowak’s speech comes just days after the unions lost their champion in cabinet, Angela Rayner, prompting fears among delegates in Brighton that the government is poised to weaken its flagship legislation on workers’ rights.
Paul Nowak. File pic: PA
The Conservatives have responded to Ms Rayner’s demise by writing to the new business and trade secretary, Peter Kyle, calling on him to scrap the Employment Rights Bill, claiming it will reduce jobs and mean more red tape and bureaucracy.
But Labour is losing support to Nigel Farage’s party, not the Tories, and will also – potentially – to left-wing parties in future. And in an unusual move, the new left-wing leader of the Green Party, Zack Polanski, will also address the TUC later.
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Labour’s election manifesto last year showed a black and white photo of a shirt-sleeved Sir Keir on the front cover with the single word “Change” in red.
In his attack on the government’s first year in office, Mr Nowak will say: “The Tories took Britain to the brink. That’s why last July, the government was elected on a manifesto that promised change.
“But we have to be honest – for too many people, change still feels like a slogan not a lived reality.
“This can’t continue. Throughout our history, we’ve been at our best when we’ve been ambitious for working people.
“So today, my message to the government is simply this.
“Deliver the manifesto on which you won a huge majority last July. Deliver good jobs, decent public services and better living standards in every corner of the country. Deliver the change people voted for.
“And show working-class communities whose side you are on.”
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On the budget, which Labour MPs believe will be crucial to the government’s hopes of recovery in its fortunes, Mr Nowak will declare: “Introduce a windfall tax on record bank profits and gambling companies. And back it with new taxes on wealth.
“If billionaires can afford fleets of private yachts. Day trips into space. Weddings that shut down Venice – they can pay a bit more tax.
“Do what’s best for those who go out to work, day in, day out, and still can’t get by. Deliver the Employment Rights Bill and deliver it in full.
“And make it clear – a Labour government will never stand aside and watch a child’s potential be wasted because of poverty. Lift the two-child cap, and give our kids the future they deserve.”
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TUC to govt: ‘Deliver on workers’ rights’
And on the issue set to dominate this week’s conference, workers’ rights, Mr Nowak will say: “The government has a manifesto promise to make work pay.
“Stronger rights at work are overwhelmingly popular with voters across the political spectrum.
“The public knows decent work is the best way to deliver the reset this country needs.
“The best way to improve living standards.
“And the best way to rebuild our communities hit hard by low pay and insecure work.
“So here is our challenge to government.
“Deliver that Employment Rights Bill in full and deliver the change you promised at the election.”
But the Tories’ shadow business secretary Andrew Griffith, in a letter to Mr Kyle, claims the bill will be deeply damaging to economic growth and reduce living standards.
“Rather than proceed at this time with a measure which on the government’s own impact assessment will reduce employment and growth, now is the time to put the national interest first,” he wrote.
“Any credible ‘reset’ of this government requires that this bill be shelved and the government look afresh at measures to promote the growth and competitiveness of the UK economy.”
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