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Creativity is a trait that makes humans unique from other species. We alone have the ability to make music and art that speak to our experiences or illuminate truths about our world. But suddenly, humans’ artistic abilities have some competition—and from a decidedly non-human source.
Over the last couple years there have been some remarkable examples of art produced by deep learning algorithms. They have challenged the notion of an elusive definition of creativity and put into perspective how professionals can use artificial intelligence to enhance their abilities and produce beyond the known boundaries.
But when creativity is the result of code written by a programmer, using a format given by a software engineer, featuring private and public datasets, how do we assign ownership of AI-generated content, and particularly that of artwork? McKinsey estimates AI will annually generate value of $3.5 to $5.8 trillion across various sectors.
In 2018, a portrait that was christened Edmond de Belamy was made in a French art collective called Obvious. It used a database with 15,000 portraits from the 1300s to the 1900s to train a deep learning algorithm to produce a unique portrait. The painting sold for $432,500 in a New York auction. Similarly, a program called Aiva, trained on thousands of classical compositions, has released albums whose pieces are being used by ad agencies and movies.
The datasets used by these algorithms were different, but behind both there was a programmer who changed the brush strokes or musical notes into lines of code and a data scientist or engineer who fitted and “curated” the datasets to use for the model. There could also have been user-based input, and the output may be biased towards certain styles or unintentionally infringe on similar pieces of art. This shows that there are many collaborators with distinct roles in producing AI-generated content, and it’s important to discuss how they can protect their proprietary interests.
A perspective article published in Nature Machine Intelligence by Jason K. Eshraghian in March looks into how AI artists and the collaborators involved should assess their ownership, laying out some guiding principles that are “only applicable for as long as AI does not have legal parenthood, the way humans and corporations are accorded.”
Before looking at how collaborators can protect their interests, it’s useful to understand the basic requirements of copyright law. The artwork in question must be an “original work of authorship fixed in a tangible medium.” Given this principle, the author asked whether it’s possible for AI to exercise creativity, skill, or any other indicator of originality. The answer is still straightforward—no—or at least not yet. Currently, AI’s range of creativity doesn’t exceed the standard used by the US Copyright Office, which states that copyright law protects the “fruits of intellectual labor founded in the creative powers of the mind.”
Due to the current limitations of narrow AI, it must have some form of initial input that helps develop its ability to create. At the moment AI is a tool that can be used to produce creative work in the same way that a video camera is a tool used to film creative content. Video producers don’t need to comprehend the inner workings of their cameras; as long as their content shows creativity and originality, they have a proprietary claim over their creations.
The same concept applies to programmers developing a neural network. As long as the dataset they use as input yields an original and creative result, it will be protected by copyright law; they don’t need to understand the high-level mathematics, which in this case are often black box algorithms whose output it’s impossible to analyze.
Will robots and algorithms eventually be treated as creative sources able to own copyrights? The author pointed to the recent patent case of Warner-Lambert Co Ltd versus Generics where Lord Briggs, Justice of the Supreme Court of the UK, determined that “the court is well versed in identifying the governing mind of a corporation and, when the need arises, will no doubt be able to do the same for robots.”
In the meantime, Dr. Eshraghian suggests four guiding principles to allow artists who collaborate with AI to protect themselves.
First, programmers need to document their process through online code repositories like GitHub or BitBucket.
Second, data engineers should also document and catalog their datasets and the process they used to curate their models, indicating selectivity in their criteria as much as possible to demonstrate their involvement and creativity.
Third, in cases where user data is utilized, the engineer should “catalog all runs of the program” to distinguish the data selection process. This could be interpreted as a way of determining whether user-based input has a right to claim the copyright too.
Finally, the output should avoid infringing on others’ content through methods like reverse image searches and version control, as mentioned above.
AI-generated artwork is still a very new concept, and the ambiguous copyright laws around it give a lot of flexibility to AI artists and programmers worldwide. The guiding principles Eshraghian lays out will hopefully shed some light on the legislation we’ll eventually need for this kind of art, and start an important conversation between all the stakeholders involved.
Image Credit: Wikimedia Commons Continue reading
Michael Kratsios, the Chief Technology Officer of the United States, took the stage at Stanford University last week to field questions from Stanford’s Eileen Donahoe and attendees at the 2019 Fall Conference of the Institute for Human-Centered Artificial Intelligence (HAI).
Kratsios, the fourth to hold the U.S. CTO position since its creation by President Barack Obama in 2009, was confirmed in August as President Donald Trump’s first CTO. Before joining the Trump administration, he was chief of staff at investment firm Thiel Capital and chief financial officer of hedge fund Clarium Capital. Donahoe is Executive Director of Stanford’s Global Digital Policy Incubator and served as the first U.S. Ambassador to the United Nations Human Rights Council during the Obama Administration.
The conversation jumped around, hitting on both accomplishments and controversies. Kratsios touted the administration’s success in fixing policy around the use of drones, its memorandum on STEM education, and an increase in funding for basic research in AI—though the magnitude of that increase wasn’t specified. He pointed out that the Trump administration’s AI policy has been a continuation of the policies of the Obama administration, and will continue to build on that foundation. As proof of this, he pointed to Trump’s signing of the American AI Initiative earlier this year. That executive order, Kratsios said, was intended to bring various government agencies together to coordinate their AI efforts and to push the idea that AI is a tool for the American worker. The AI Initiative, he noted, also took into consideration that AI will cause job displacement, and asked private companies to pledge to retrain workers.
The administration, he said, is also looking to remove barriers to AI innovation. In service of that goal, the government will, in the next month or so, release a regulatory guidance memo instructing government agencies about “how they should think about AI technologies,” said Kratsios.
U.S. vs China in AI
A few of the exchanges between Kratsios and Donahoe hit on current hot topics, starting with the tension between the U.S. and China.
“You talk a lot about unique U.S. ecosystem. In which aspect of AI is the U.S. dominant, and where is China challenging us in dominance?
“They are challenging us on machine vision. They have more data to work with, given that they have surveillance data.”
“To what extent would you say the quantity of data collected and available will be a determining factor in AI dominance?”
“It makes a big difference in the short term. But we do research on how we get over these data humps. There is a future where you don’t need as much data, a lot of federal grants are going to [research in] how you can train models using less data.”
Donahoe turned the conversation to a different tension—that between innovation and values.
“A lot of conversation yesterday was about the tension between innovation and values, and how do you hold those things together and lead in both realms.”
“We recognized that the U.S. hadn’t signed on to principles around developing AI. In May, we signed [the Organization for Economic Cooperation and Development Principles on Artificial Intelligence], coming together with other Western democracies to say that these are values that we hold dear.
[Meanwhile,] we have adversaries around the world using AI to surveil people, to suppress human rights. That is why American leadership is so critical: We want to come out with the next great product. And we want our values to underpin the use cases.”
A member of the audience pushed further:
“Maintaining U.S. leadership in AI might have costs in terms of individuals and society. What costs should individuals and society bear to maintain leadership?”
“I don’t view the world that way. Our companies big and small do not hesitate to talk about the values that underpin their technology. [That is] markedly different from the way our adversaries think. The alternatives are so dire [that we] need to push efforts to bake the values that we hold dear into this technology.”
And then the conversation turned to the use of AI for facial recognition, an application which (at least for police and other government agencies) was recently banned in San Francisco.
“Some private sector companies have called for government regulation of facial recognition, and there already are some instances of local governments regulating it. Do you expect federal regulation of facial recognition anytime soon? If not, what ought the parameters be?”
“A patchwork of regulation of technology is not beneficial for the country. We want to avoid that. Facial recognition has important roles—for example, finding lost or displaced children. There are use cases, but they need to be underpinned by values.”
A member of the audience followed up on that topic, referring to some data presented earlier at the HAI conference on bias in AI:
“Frequently the example of finding missing children is given as the example of why we should not restrict use of facial recognition. But we saw Joy Buolamwini’s presentation on bias in data. I would like to hear your thoughts about how government thinks we should use facial recognition, knowing about this bias.”
“Fairness, accountability, and robustness are things we want to bake into any technology—not just facial recognition—as we build rules governing use cases.”
Immigration and innovation
A member of the audience brought up the issue of immigration:
“One major pillar of innovation is immigration, does your office advocate for it?”
“Our office pushes for best and brightest people from around the world to come to work here and study here. There are a few efforts we have made to move towards a more merit-based immigration system, without congressional action. [For example, in] the H1-B visa system, you go through two lotteries. We switched the order of them in order to get more people with advanced degrees through.”
The government’s tech infrastructure
Donahoe brought the conversation around to the tech infrastructure of the government itself:
“We talk about the shiny object, AI, but the 80 percent is the unsexy stuff, at federal and state levels. We don’t have a modern digital infrastructure to enable all the services—like a research cloud. How do we create this digital infrastructure?”
“I couldn’t agree more; the least partisan issue in Washington is about modernizing IT infrastructure. We spend like $85 billion a year on IT at the federal level, we can certainly do a better job of using those dollars.” Continue reading
This week at MIT, academics and industry officials compared notes, studies, and predictions about AI and the future of work. During the discussions, an insurance company executive shared details about one AI program that rolled out at his firm earlier this year. A chatbot the company introduced, the executive said, now handles 150,000 calls per month.
Later in the day, a panelist—David Fanning, founder of PBS’s Frontline—remarked that this statistic is emblematic of broader fears he saw when reporting a new Frontline documentary about AI. “People are scared,” Fanning said of the public’s AI anxiety.
Fanning was part of a daylong symposium about AI’s economic consequences—good, bad, and otherwise—convened by MIT’s Task Force on the Work of the Future.
“Dig into every industry, and you’ll find AI changing the nature of work,” said Daniela Rus, director of MIT’s Computer Science and Artificial Intelligence Laboratory (CSAIL). She cited recent McKinsey research that found 45 percent of the work people are paid to do today can be automated with currently available technologies. Those activities, McKinsey found, represent some US $2 trillion in wages.
However, the threat of automation—whether by AI or other technologies—isn’t as new as technologists on America’s coasts seem to believe, said panelist Fred Goff, CEO of Jobcase, Inc.
“If you live in Detroit or Toledo, where I come from, technology has been displacing jobs for the last half-century,” Goff said. “I don’t think that most people in this country have the increased anxiety that the coasts do, because they’ve been living this.”
Goff added that the challenge AI poses for the workforce is not, as he put it, “getting coal miners to code.” Rather, he said, as AI automates some jobs, it will also open opportunities for “reskilling” that may have nothing to do with AI or automation. He touted trade schools—teaching skills like welding, plumbing, and electrical work—and certification programs for sales industry software packages like Salesforce.
On the other hand, a documentarian who reported another recent program on AI—Krishna Andavolu, senior correspondent for Vice Media—said “reskilling” may not be an easy answer.
“People in rooms like this … don’t realize that a lot of people don’t want to work that much,” Andavolu said. “They’re not driven by passion for their career, they’re driven by passion for life. We’re telling a lot of these workers that they need to reskill. But to a lot of people that sounds like, ‘I’ve got to work twice as hard for what I have now.’ That sounds scary. We underestimate that at our peril.”
Part of the problem with “reskilling,” Andavolu said, is that some high-growth industries involve caregiving for seniors and in medical facilities—roles which are traditionally considered “feminized” careers. Destigmatizing these jobs, and increasing the pay to match the salaries of displaced jobs like long-haul truck drivers, is another challenge.
Daron Acemoglu, MIT Institute Professor of Economics, faulted the comparably slim funding of academic research into AI.
“There is nothing preordained about the progress of technology,” he said. Computers, the Internet, antibiotics, and sensors all grew out of government and academic research programs. What he called the “blue-sky thinking” of non-corporate AI research can also develop applications that are not purely focused on maximizing profits.
American companies, Acemoglu said, get tax breaks for capital R&D—but not for developing new technologies for their employees. “We turn around and [tell companies], ‘Use your technologies to empower workers,’” he said. “But why should they do that? Hiring workers is expensive in many ways. And we’re subsidizing capital.”
Said Sarita Gupta, director of the Ford Foundation’s Future of Work(ers) Program, “Low and middle income workers have for over 30 years been experiencing stagnant and declining pay, shrinking benefits, and less power on the job. Now technology is brilliant at enabling scale. But the question we sit with is—how do we make sure that we’re not scaling these longstanding problems?”
Andrew McAfee, co-director of MIT’s Initiative on the Digital Economy, said AI may not reduce the number of jobs available in the workplace today. But the quality of those jobs is another story. He cited the Dutch economist Jan Tinbergen who decades ago said that “Inequality is a race between technology and education.”
McAfee said, ultimately, the time to solve the economic problems AI poses for workers in the United States is when the U.S. economy is doing well—like right now.
“We do have the wind at our backs,” said Elisabeth Reynolds, executive director of MIT’s Task Force on the Work of the Future.
“We have some breathing room right now,” McAfee agreed. “Economic growth has been pretty good. Unemployment is pretty low. Interest rates are very, very low. We might not have that war chest in the future.” Continue reading