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Mar 19

Foundation Models and Fair Use

Existing foundation models are trained on copyrighted material. Deploying these models can pose both legal and ethical risks when data creators fail to receive appropriate attribution or compensation. In the United States and several other countries, copyrighted content may be used to build foundation models without incurring liability due to the fair use doctrine. However, there is a caveat: If the model produces output that is similar to copyrighted data, particularly in scenarios that affect the market of that data, fair use may no longer apply to the output of the model. In this work, we emphasize that fair use is not guaranteed, and additional work may be necessary to keep model development and deployment squarely in the realm of fair use. First, we survey the potential risks of developing and deploying foundation models based on copyrighted content. We review relevant U.S. case law, drawing parallels to existing and potential applications for generating text, source code, and visual art. Experiments confirm that popular foundation models can generate content considerably similar to copyrighted material. Second, we discuss technical mitigations that can help foundation models stay in line with fair use. We argue that more research is needed to align mitigation strategies with the current state of the law. Lastly, we suggest that the law and technical mitigations should co-evolve. For example, coupled with other policy mechanisms, the law could more explicitly consider safe harbors when strong technical tools are used to mitigate infringement harms. This co-evolution may help strike a balance between intellectual property and innovation, which speaks to the original goal of fair use. But we emphasize that the strategies we describe here are not a panacea and more work is needed to develop policies that address the potential harms of foundation models.

Detecting Pretraining Data from Large Language Models

Although large language models (LLMs) are widely deployed, the data used to train them is rarely disclosed. Given the incredible scale of this data, up to trillions of tokens, it is all but certain that it includes potentially problematic text such as copyrighted materials, personally identifiable information, and test data for widely reported reference benchmarks. However, we currently have no way to know which data of these types is included or in what proportions. In this paper, we study the pretraining data detection problem: given a piece of text and black-box access to an LLM without knowing the pretraining data, can we determine if the model was trained on the provided text? To facilitate this study, we introduce a dynamic benchmark WIKIMIA that uses data created before and after model training to support gold truth detection. We also introduce a new detection method Min-K% Prob based on a simple hypothesis: an unseen example is likely to contain a few outlier words with low probabilities under the LLM, while a seen example is less likely to have words with such low probabilities. Min-K% Prob can be applied without any knowledge about the pretraining corpus or any additional training, departing from previous detection methods that require training a reference model on data that is similar to the pretraining data. Moreover, our experiments demonstrate that Min-K% Prob achieves a 7.4% improvement on WIKIMIA over these previous methods. We apply Min-K% Prob to two real-world scenarios, copyrighted book detection, and contaminated downstream example detection, and find it a consistently effective solution.

The Lucie-7B LLM and the Lucie Training Dataset: Open resources for multilingual language generation

We present both the Lucie Training Dataset and the Lucie-7B foundation model. The Lucie Training Dataset is a multilingual collection of textual corpora centered around French and designed to offset anglo-centric biases found in many datasets for large language model pretraining. Its French data is pulled not only from traditional web sources, but also from French cultural heritage documents, filling an important gap in modern datasets. Beyond French, which makes up the largest share of the data, we added documents to support several other European languages, including English, Spanish, German, and Italian. Apart from its value as a resource for French language and culture, an important feature of this dataset is that it prioritizes data rights by minimizing copyrighted material. In addition, building on the philosophy of past open projects, it is redistributed in the form used for training and its processing is described on Hugging Face and GitHub. The Lucie-7B foundation model is trained on equal amounts of data in French and English -- roughly 33% each -- in an effort to better represent cultural aspects of French-speaking communities. We also describe two instruction fine-tuned models, Lucie-7B-Instruct-v1.1 and Lucie-7B-Instruct-human-data, which we release as demonstrations of Lucie-7B in use. These models achieve promising results compared to state-of-the-art models, demonstrating that an open approach prioritizing data rights can still deliver strong performance. We see these models as an initial step toward developing more performant, aligned models in the near future. Model weights for Lucie-7B and the Lucie instruct models, along with intermediate checkpoints for the former, are published on Hugging Face, while model training and data preparation code is available on GitHub. This makes Lucie-7B one of the first OSI compliant language models according to the new OSI definition.

Copyright Traps for Large Language Models

Questions of fair use of copyright-protected content to train Large Language Models (LLMs) are being very actively debated. Document-level inference has been proposed as a new task: inferring from black-box access to the trained model whether a piece of content has been seen during training. SOTA methods however rely on naturally occurring memorization of (part of) the content. While very effective against models that memorize a lot, we hypothesize--and later confirm--that they will not work against models that do not naturally memorize, e.g. medium-size 1B models. We here propose to use copyright traps, the inclusion of fictitious entries in original content, to detect the use of copyrighted materials in LLMs with a focus on models where memorization does not naturally occur. We carefully design an experimental setup, randomly inserting traps into original content (books) and train a 1.3B LLM. We first validate that the use of content in our target model would be undetectable using existing methods. We then show, contrary to intuition, that even medium-length trap sentences repeated a significant number of times (100) are not detectable using existing methods. However, we show that longer sequences repeated a large number of times can be reliably detected (AUC=0.75) and used as copyright traps. We further improve these results by studying how the number of times a sequence is seen improves detectability, how sequences with higher perplexity tend to be memorized more, and how taking context into account further improves detectability.

How Many Van Goghs Does It Take to Van Gogh? Finding the Imitation Threshold

Text-to-image models are trained using large datasets collected by scraping image-text pairs from the internet. These datasets often include private, copyrighted, and licensed material. Training models on such datasets enables them to generate images with such content, which might violate copyright laws and individual privacy. This phenomenon is termed imitation -- generation of images with content that has recognizable similarity to its training images. In this work we study the relationship between a concept's frequency in the training dataset and the ability of a model to imitate it. We seek to determine the point at which a model was trained on enough instances to imitate a concept -- the imitation threshold. We posit this question as a new problem: Finding the Imitation Threshold (FIT) and propose an efficient approach that estimates the imitation threshold without incurring the colossal cost of training multiple models from scratch. We experiment with two domains -- human faces and art styles -- for which we create four datasets, and evaluate three text-to-image models which were trained on two pretraining datasets. Our results reveal that the imitation threshold of these models is in the range of 200-600 images, depending on the domain and the model. The imitation threshold can provide an empirical basis for copyright violation claims and acts as a guiding principle for text-to-image model developers that aim to comply with copyright and privacy laws. We release the code and data at https://github.com/vsahil/MIMETIC-2.git and the project's website is hosted at https://how-many-van-goghs-does-it-take.github.io.

Fantastic Copyrighted Beasts and How (Not) to Generate Them

Recent studies show that image and video generation models can be prompted to reproduce copyrighted content from their training data, raising serious legal concerns around copyright infringement. Copyrighted characters, in particular, pose a difficult challenge for image generation services, with at least one lawsuit already awarding damages based on the generation of these characters. Yet, little research has empirically examined this issue. We conduct a systematic evaluation to fill this gap. First, we build CopyCat, an evaluation suite consisting of diverse copyrighted characters and a novel evaluation pipeline. Our evaluation considers both the detection of similarity to copyrighted characters and generated image's consistency with user input. Our evaluation systematically shows that both image and video generation models can still generate characters even if characters' names are not explicitly mentioned in the prompt, sometimes with only two generic keywords (e.g., prompting with "videogame, plumber" consistently generates Nintendo's Mario character). We then introduce techniques to semi-automatically identify such keywords or descriptions that trigger character generation. Using our evaluation suite, we study runtime mitigation strategies, including both existing methods and new strategies we propose. Our findings reveal that commonly employed strategies, such as prompt rewriting in the DALL-E system, are not sufficient as standalone guardrails. These strategies must be coupled with other approaches, like negative prompting, to effectively reduce the unintended generation of copyrighted characters. Our work provides empirical grounding to the discussion of copyright mitigation strategies and offers actionable insights for model deployers actively implementing them.

Tortured phrases: A dubious writing style emerging in science. Evidence of critical issues affecting established journals

Probabilistic text generators have been used to produce fake scientific papers for more than a decade. Such nonsensical papers are easily detected by both human and machine. Now more complex AI-powered generation techniques produce texts indistinguishable from that of humans and the generation of scientific texts from a few keywords has been documented. Our study introduces the concept of tortured phrases: unexpected weird phrases in lieu of established ones, such as 'counterfeit consciousness' instead of 'artificial intelligence.' We combed the literature for tortured phrases and study one reputable journal where these concentrated en masse. Hypothesising the use of advanced language models we ran a detector on the abstracts of recent articles of this journal and on several control sets. The pairwise comparisons reveal a concentration of abstracts flagged as 'synthetic' in the journal. We also highlight irregularities in its operation, such as abrupt changes in editorial timelines. We substantiate our call for investigation by analysing several individual dubious articles, stressing questionable features: tortured writing style, citation of non-existent literature, and unacknowledged image reuse. Surprisingly, some websites offer to rewrite texts for free, generating gobbledegook full of tortured phrases. We believe some authors used rewritten texts to pad their manuscripts. We wish to raise the awareness on publications containing such questionable AI-generated or rewritten texts that passed (poor) peer review. Deception with synthetic texts threatens the integrity of the scientific literature.

CopyScope: Model-level Copyright Infringement Quantification in the Diffusion Workflow

Web-based AI image generation has become an innovative art form that can generate novel artworks with the rapid development of the diffusion model. However, this new technique brings potential copyright infringement risks as it may incorporate the existing artworks without the owners' consent. Copyright infringement quantification is the primary and challenging step towards AI-generated image copyright traceability. Previous work only focused on data attribution from the training data perspective, which is unsuitable for tracing and quantifying copyright infringement in practice because of the following reasons: (1) the training datasets are not always available in public; (2) the model provider is the responsible party, not the image. Motivated by this, in this paper, we propose CopyScope, a new framework to quantify the infringement of AI-generated images from the model level. We first rigorously identify pivotal components within the AI image generation pipeline. Then, we propose to take advantage of Fr\'echet Inception Distance (FID) to effectively capture the image similarity that fits human perception naturally. We further propose the FID-based Shapley algorithm to evaluate the infringement contribution among models. Extensive experiments demonstrate that our work not only reveals the intricacies of infringement quantification but also effectively depicts the infringing models quantitatively, thus promoting accountability in AI image-generation tasks.

SILO Language Models: Isolating Legal Risk In a Nonparametric Datastore

The legality of training language models (LMs) on copyrighted or otherwise restricted data is under intense debate. However, as we show, model performance significantly degrades if trained only on low-risk text (e.g., out-of-copyright books or government documents), due to its limited size and domain coverage. We present SILO, a new language model that manages this risk-performance tradeoff during inference. SILO is built by (1) training a parametric LM on Open License Corpus (OLC), a new corpus we curate with 228B tokens of public domain and permissively licensed text and (2) augmenting it with a more general and easily modifiable nonparametric datastore (e.g., containing copyrighted books or news) that is only queried during inference. The datastore allows use of high-risk data without training on it, supports sentence-level data attribution, and enables data producers to opt out from the model by removing content from the store. These capabilities can foster compliance with data-use regulations such as the fair use doctrine in the United States and the GDPR in the European Union. Our experiments show that the parametric LM struggles on domains not covered by OLC. However, access to the datastore greatly improves out of domain performance, closing 90% of the performance gap with an LM trained on the Pile, a more diverse corpus with mostly high-risk text. We also analyze which nonparametric approach works best, where the remaining errors lie, and how performance scales with datastore size. Our results suggest that it is possible to build high quality language models while mitigating their legal risk.

PromptCARE: Prompt Copyright Protection by Watermark Injection and Verification

Large language models (LLMs) have witnessed a meteoric rise in popularity among the general public users over the past few months, facilitating diverse downstream tasks with human-level accuracy and proficiency. Prompts play an essential role in this success, which efficiently adapt pre-trained LLMs to task-specific applications by simply prepending a sequence of tokens to the query texts. However, designing and selecting an optimal prompt can be both expensive and demanding, leading to the emergence of Prompt-as-a-Service providers who profit by providing well-designed prompts for authorized use. With the growing popularity of prompts and their indispensable role in LLM-based services, there is an urgent need to protect the copyright of prompts against unauthorized use. In this paper, we propose PromptCARE, the first framework for prompt copyright protection through watermark injection and verification. Prompt watermarking presents unique challenges that render existing watermarking techniques developed for model and dataset copyright verification ineffective. PromptCARE overcomes these hurdles by proposing watermark injection and verification schemes tailor-made for prompts and NLP characteristics. Extensive experiments on six well-known benchmark datasets, using three prevalent pre-trained LLMs (BERT, RoBERTa, and Facebook OPT-1.3b), demonstrate the effectiveness, harmlessness, robustness, and stealthiness of PromptCARE.

Concept Arithmetics for Circumventing Concept Inhibition in Diffusion Models

Motivated by ethical and legal concerns, the scientific community is actively developing methods to limit the misuse of Text-to-Image diffusion models for reproducing copyrighted, violent, explicit, or personal information in the generated images. Simultaneously, researchers put these newly developed safety measures to the test by assuming the role of an adversary to find vulnerabilities and backdoors in them. We use compositional property of diffusion models, which allows to leverage multiple prompts in a single image generation. This property allows us to combine other concepts, that should not have been affected by the inhibition, to reconstruct the vector, responsible for target concept generation, even though the direct computation of this vector is no longer accessible. We provide theoretical and empirical evidence why the proposed attacks are possible and discuss the implications of these findings for safe model deployment. We argue that it is essential to consider all possible approaches to image generation with diffusion models that can be employed by an adversary. Our work opens up the discussion about the implications of concept arithmetics and compositional inference for safety mechanisms in diffusion models. Content Advisory: This paper contains discussions and model-generated content that may be considered offensive. Reader discretion is advised. Project page: https://cs-people.bu.edu/vpetsiuk/arc

Towards Best Practices for Open Datasets for LLM Training

Many AI companies are training their large language models (LLMs) on data without the permission of the copyright owners. The permissibility of doing so varies by jurisdiction: in countries like the EU and Japan, this is allowed under certain restrictions, while in the United States, the legal landscape is more ambiguous. Regardless of the legal status, concerns from creative producers have led to several high-profile copyright lawsuits, and the threat of litigation is commonly cited as a reason for the recent trend towards minimizing the information shared about training datasets by both corporate and public interest actors. This trend in limiting data information causes harm by hindering transparency, accountability, and innovation in the broader ecosystem by denying researchers, auditors, and impacted individuals access to the information needed to understand AI models. While this could be mitigated by training language models on open access and public domain data, at the time of writing, there are no such models (trained at a meaningful scale) due to the substantial technical and sociological challenges in assembling the necessary corpus. These challenges include incomplete and unreliable metadata, the cost and complexity of digitizing physical records, and the diverse set of legal and technical skills required to ensure relevance and responsibility in a quickly changing landscape. Building towards a future where AI systems can be trained on openly licensed data that is responsibly curated and governed requires collaboration across legal, technical, and policy domains, along with investments in metadata standards, digitization, and fostering a culture of openness.

The Newspaper Navigator Dataset: Extracting And Analyzing Visual Content from 16 Million Historic Newspaper Pages in Chronicling America

Chronicling America is a product of the National Digital Newspaper Program, a partnership between the Library of Congress and the National Endowment for the Humanities to digitize historic newspapers. Over 16 million pages of historic American newspapers have been digitized for Chronicling America to date, complete with high-resolution images and machine-readable METS/ALTO OCR. Of considerable interest to Chronicling America users is a semantified corpus, complete with extracted visual content and headlines. To accomplish this, we introduce a visual content recognition model trained on bounding box annotations of photographs, illustrations, maps, comics, and editorial cartoons collected as part of the Library of Congress's Beyond Words crowdsourcing initiative and augmented with additional annotations including those of headlines and advertisements. We describe our pipeline that utilizes this deep learning model to extract 7 classes of visual content: headlines, photographs, illustrations, maps, comics, editorial cartoons, and advertisements, complete with textual content such as captions derived from the METS/ALTO OCR, as well as image embeddings for fast image similarity querying. We report the results of running the pipeline on 16.3 million pages from the Chronicling America corpus and describe the resulting Newspaper Navigator dataset, the largest dataset of extracted visual content from historic newspapers ever produced. The Newspaper Navigator dataset, finetuned visual content recognition model, and all source code are placed in the public domain for unrestricted re-use.

Counter Turing Test CT^2: AI-Generated Text Detection is Not as Easy as You May Think -- Introducing AI Detectability Index

With the rise of prolific ChatGPT, the risk and consequences of AI-generated text has increased alarmingly. To address the inevitable question of ownership attribution for AI-generated artifacts, the US Copyright Office released a statement stating that 'If a work's traditional elements of authorship were produced by a machine, the work lacks human authorship and the Office will not register it'. Furthermore, both the US and the EU governments have recently drafted their initial proposals regarding the regulatory framework for AI. Given this cynosural spotlight on generative AI, AI-generated text detection (AGTD) has emerged as a topic that has already received immediate attention in research, with some initial methods having been proposed, soon followed by emergence of techniques to bypass detection. This paper introduces the Counter Turing Test (CT^2), a benchmark consisting of techniques aiming to offer a comprehensive evaluation of the robustness of existing AGTD techniques. Our empirical findings unequivocally highlight the fragility of the proposed AGTD methods under scrutiny. Amidst the extensive deliberations on policy-making for regulating AI development, it is of utmost importance to assess the detectability of content generated by LLMs. Thus, to establish a quantifiable spectrum facilitating the evaluation and ranking of LLMs according to their detectability levels, we propose the AI Detectability Index (ADI). We conduct a thorough examination of 15 contemporary LLMs, empirically demonstrating that larger LLMs tend to have a higher ADI, indicating they are less detectable compared to smaller LLMs. We firmly believe that ADI holds significant value as a tool for the wider NLP community, with the potential to serve as a rubric in AI-related policy-making.

Experiments with Large Language Models on Retrieval-Augmented Generation for Closed-Source Simulation Software

Large Language Models (LLMs) are increasingly helpful in text generation, even writing code in programming languages based on user prompts written in natural language. They are even applied to generate simulation models for multibody systems from natural language. Research results suggest that LLMs surpass the mere replication of existing code examples, where some LLMs have been trained on an open-source multibody simulation code. However, for closed-source simulation software, such results are not to be expected as their ideas and concepts might differ from other publicly available ones. LLMs can hallucinate for knowledge-intensive tasks, such as model creation, which can lead to wrong responses. This is especially the case for the LLM unknown closed-source simulation software. The same applies to other internal knowledge kept private to protect intellectual property or data privacy. The Retrieval-Augmented Generation (RAG) approach might yield a solution for these knowledge-intensive tasks. This paper explores the application of RAG to closed-source simulation software and presents first experiments. After a brief introduction to LLMs, the RAG approach, and the simulation method applied by the close-source simulation software, several examples are provided to test LLMs' knowledge of the simulation software and the creation of simulation models using two RAG systems. The examples show promising results indicating the benefits of applying RAG systems to closed-source simulation software, helping to access their knowledge. Nevertheless, they also reveal gaps in the applied information and open questions for further research.

Authorship Attribution in the Era of LLMs: Problems, Methodologies, and Challenges

Accurate attribution of authorship is crucial for maintaining the integrity of digital content, improving forensic investigations, and mitigating the risks of misinformation and plagiarism. Addressing the imperative need for proper authorship attribution is essential to uphold the credibility and accountability of authentic authorship. The rapid advancements of Large Language Models (LLMs) have blurred the lines between human and machine authorship, posing significant challenges for traditional methods. We presents a comprehensive literature review that examines the latest research on authorship attribution in the era of LLMs. This survey systematically explores the landscape of this field by categorizing four representative problems: (1) Human-written Text Attribution; (2) LLM-generated Text Detection; (3) LLM-generated Text Attribution; and (4) Human-LLM Co-authored Text Attribution. We also discuss the challenges related to ensuring the generalization and explainability of authorship attribution methods. Generalization requires the ability to generalize across various domains, while explainability emphasizes providing transparent and understandable insights into the decisions made by these models. By evaluating the strengths and limitations of existing methods and benchmarks, we identify key open problems and future research directions in this field. This literature review serves a roadmap for researchers and practitioners interested in understanding the state of the art in this rapidly evolving field. Additional resources and a curated list of papers are available and regularly updated at https://llm-authorship.github.io

The Data Provenance Initiative: A Large Scale Audit of Dataset Licensing & Attribution in AI

The race to train language models on vast, diverse, and inconsistently documented datasets has raised pressing concerns about the legal and ethical risks for practitioners. To remedy these practices threatening data transparency and understanding, we convene a multi-disciplinary effort between legal and machine learning experts to systematically audit and trace 1800+ text datasets. We develop tools and standards to trace the lineage of these datasets, from their source, creators, series of license conditions, properties, and subsequent use. Our landscape analysis highlights the sharp divides in composition and focus of commercially open vs closed datasets, with closed datasets monopolizing important categories: lower resource languages, more creative tasks, richer topic variety, newer and more synthetic training data. This points to a deepening divide in the types of data that are made available under different license conditions, and heightened implications for jurisdictional legal interpretations of copyright and fair use. We also observe frequent miscategorization of licenses on widely used dataset hosting sites, with license omission of 72%+ and error rates of 50%+. This points to a crisis in misattribution and informed use of the most popular datasets driving many recent breakthroughs. As a contribution to ongoing improvements in dataset transparency and responsible use, we release our entire audit, with an interactive UI, the Data Provenance Explorer, which allows practitioners to trace and filter on data provenance for the most popular open source finetuning data collections: www.dataprovenance.org.