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May 8

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.

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.

Guardians of Generation: Dynamic Inference-Time Copyright Shielding with Adaptive Guidance for AI Image Generation

Modern text-to-image generative models can inadvertently reproduce copyrighted content memorized in their training data, raising serious concerns about potential copyright infringement. We introduce Guardians of Generation, a model agnostic inference time framework for dynamic copyright shielding in AI image generation. Our approach requires no retraining or modification of the generative model weights, instead integrating seamlessly with existing diffusion pipelines. It augments the generation process with an adaptive guidance mechanism comprising three components: a detection module, a prompt rewriting module, and a guidance adjustment module. The detection module monitors user prompts and intermediate generation steps to identify features indicative of copyrighted content before they manifest in the final output. If such content is detected, the prompt rewriting mechanism dynamically transforms the user's prompt by sanitizing or replacing references that could trigger copyrighted material while preserving the prompt's intended semantics. The adaptive guidance module adaptively steers the diffusion process away from flagged content by modulating the model's sampling trajectory. Together, these components form a robust shield that enables a tunable balance between preserving creative fidelity and ensuring copyright compliance. We validate our method on a variety of generative models such as Stable Diffusion, SDXL, and Flux, demonstrating substantial reductions in copyrighted content generation with negligible impact on output fidelity or alignment with user intent. This work provides a practical, plug-and-play safeguard for generative image models, enabling more responsible deployment under real-world copyright constraints. Source code is available at: https://respailab.github.io/gog

CopyrightMeter: Revisiting Copyright Protection in Text-to-image Models

Text-to-image diffusion models have emerged as powerful tools for generating high-quality images from textual descriptions. However, their increasing popularity has raised significant copyright concerns, as these models can be misused to reproduce copyrighted content without authorization. In response, recent studies have proposed various copyright protection methods, including adversarial perturbation, concept erasure, and watermarking techniques. However, their effectiveness and robustness against advanced attacks remain largely unexplored. Moreover, the lack of unified evaluation frameworks has hindered systematic comparison and fair assessment of different approaches. To bridge this gap, we systematize existing copyright protection methods and attacks, providing a unified taxonomy of their design spaces. We then develop CopyrightMeter, a unified evaluation framework that incorporates 17 state-of-the-art protections and 16 representative attacks. Leveraging CopyrightMeter, we comprehensively evaluate protection methods across multiple dimensions, thereby uncovering how different design choices impact fidelity, efficacy, and resilience under attacks. Our analysis reveals several key findings: (i) most protections (16/17) are not resilient against attacks; (ii) the "best" protection varies depending on the target priority; (iii) more advanced attacks significantly promote the upgrading of protections. These insights provide concrete guidance for developing more robust protection methods, while its unified evaluation protocol establishes a standard benchmark for future copyright protection research in text-to-image generation.

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.

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.

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.

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.

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.

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

ECtHR-PCR: A Dataset for Precedent Understanding and Prior Case Retrieval in the European Court of Human Rights

In common law jurisdictions, legal practitioners rely on precedents to construct arguments, in line with the doctrine of stare decisis. As the number of cases grow over the years, prior case retrieval (PCR) has garnered significant attention. Besides lacking real-world scale, existing PCR datasets do not simulate a realistic setting, because their queries use complete case documents while only masking references to prior cases. The query is thereby exposed to legal reasoning not yet available when constructing an argument for an undecided case as well as spurious patterns left behind by citation masks, potentially short-circuiting a comprehensive understanding of case facts and legal principles. To address these limitations, we introduce a PCR dataset based on judgements from the European Court of Human Rights (ECtHR), which explicitly separate facts from arguments and exhibit precedential practices, aiding us to develop this PCR dataset to foster systems' comprehensive understanding. We benchmark different lexical and dense retrieval approaches with various negative sampling strategies, adapting them to deal with long text sequences using hierarchical variants. We found that difficulty-based negative sampling strategies were not effective for the PCR task, highlighting the need for investigation into domain-specific difficulty criteria. Furthermore, we observe performance of the dense models degrade with time and calls for further research into temporal adaptation of retrieval models. Additionally, we assess the influence of different views , Halsbury's and Goodhart's, in practice in ECtHR jurisdiction using PCR task.

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.