Artificial Intelligence’s Fair Use Crisis

As automation supplants more forms of labor, creative expression still seems like a distinctly human enterprise. This may someday change: by ingesting works of authorship as “training data,” computer programs can teach themselves to write natural prose, compose music, and generate movies. Machine learning is an artificial intelligence (“AI”) technology with immense potential and a commensurate appetite for copyrighted works. In the United States, the copyright law mechanism most likely to facilitate machine learning’s uses of protected data is the fair use doctrine. However, current fair use doctrine threatens either to derail the progress of machine learning or to disenfranchise the human creators whose work makes it possible. This Article addresses the problem in three Parts: using popular machine learning datasets and research as case studies, Part I describes how programs “learn” from corpora of copyrighted works and catalogs the legal risks of this practice. It concludes that fair use may not protect expressive machine learning applications, including the burgeoning field of natural language generation. Part II explains that applying today’s fair use doctrine to expressive machine learning will yield one of two undesirable outcomes: if U.S. courts reject the fair use defense for machine learning, valuable innovation may move to another jurisdiction or halt entirely; alternatively, if courts find the technology to be fair use, sophisticated software may divert rightful earnings from the authors of input data. This dilemma shows that fair use may no longer serve its historical purpose. Traditionally, fair use is understood to benefit the public by fostering expressive activity. Today, the doctrine increasingly serves the economic interests of powerful firms at the expense of disempowered individual rights holders. Finally, in Part III, this Article contemplates changes in doctrine and policy that could address these problems. It concludes that the United States’ interest in avoiding both prongs of AI’s fair use dilemma offers a novel justification for redistributive measures that could promote social equity alongside technological progress

A Case for Machine Ethics in Modeling Human-Level Intelligent Agents

This paper focuses on the research field of machine ethics and how it relates to a technological singularity—a hypothesized, futuristic event where artificial machines will have greater-than-human-level intelligence. One problem related to the singularity centers on the issue of whether human values and norms would survive such an event. To somehow ensure this, a number of artificial intelligence researchers have opted to focus on the development of artificial moral agents, which refers to machines capable of moral reasoning, judgment, and decision-making. To date, different frameworks on how to arrive at these agents have been put forward. However, there seems to be no hard consensus as to which framework would likely yield a positive result. With the body of work that they have contributed in the study of moral agency, philosophers may contribute to the growing literature on artificial moral agency. While doing so, they could also think about how the said concept could affect other important philosophical concepts

Recurrent Pixel Embedding for Instance Grouping

We introduce a differentiable, end-to-end trainable framework for solving pixel-level grouping problems such as instance segmentation consisting of two novel components. First, we regress pixels into a hyper-spherical embedding space so that pixels from the same group have high cosine similarity while those from different groups have similarity below a specified margin. We analyze the choice of embedding dimension and margin, relating them to theoretical results on the problem of distributing points uniformly on the sphere. Second, to group instances, we utilize a variant of mean-shift clustering, implemented as a recurrent neural network parameterized by kernel bandwidth. This recurrent grouping module is differentiable, enjoys convergent dynamics and probabilistic interpretability. Backpropagating the group-weighted loss through this module allows learning to focus on only correcting embedding errors that won't be resolved during subsequent clustering. Our framework, while conceptually simple and theoretically abundant, is also practically effective and computationally efficient. We demonstrate substantial improvements over state-of-the-art instance segmentation for object proposal generation, as well as demonstrating the benefits of grouping loss for classification tasks such as boundary detection and semantic segmentation