Can generative AI “think outside the box” even as it draws from preexisting material on the internet? Are the images it produces protected under “fair use”? The Supreme Court of the United States (SCOTUS) has decided “no.” AI fails to be “transformative,” meaning it can’t create new meaning apart from its source material. Robert J. Marks reported on the recent lawsuit Warhol v. Goldsmith, writing,

Assume AI is trained with all of the musical compositions of Bach.

If the AI generates music that sounds like Bach, it is not transformative.

The “meaning or message” can be construed as being the same.

It’s still like Bach.

On the other hand, if the AI is trained only on Bach but generates music that sounds Wagnerian, it may be transformative.

But AI trained on Bach can never generate music in the style of Wagner.

AI can interpolate within the silo of its training but will never be creative by venturing outside of its silo. Generative AI cannot be transformative.

-Robert J. Marks, Recent SCOTUS Decision May Be Legal Gut-Punch to AI | Newsmax.com

The ruling is good news for those who are already suing AI companies for copyright infringement. Marks lists a few of the unfolding lawsuits, noting how the SCOTUS ruling will make Big AI more vulnerable to future litigation.

For further reading, check out Dr. Marks’ article on Big AI and lawsuits, originally published at The Stream: How to Stop Troubling Abuse From Artificial Intelligence | Mind Matters