“EU Flag Neural Network” by Creative Commons was cropped from an image generated by the DALL-E 2 AI platform with the text prompt “European Union flag neural network.” OpenAI asserts ownership of DALL-E generated images; Creative Commons dedicates any rights it holds to the image to the public domain via CC0.
As the EU seeks to finalize its landmark AI Act, CC has joined with Eleuther AI, GitHub, Hugging Face, LAION, and Open Future in offering suggestions for how the Act can better support open source and open science.
As we’ve said before, we welcome the EU’s leadership on defining a regulatory framework around AI and the Act’s overall approach. At the same time, it’s critical that well-intentioned proposals do not have unintended, harmful consequences for the extensive ecosystem of open scientific research and open source development.
As we note in our full paper, open and accessible sharing of the software, datasets, and models that make up AI systems allows for more widespread scrutiny and understanding of both their capabilities and shortcomings. Open source development can enable competition and innovation by new entrants and smaller players, including in the EU. Projects like EleutherAI and BigScience have brought together researchers and a range of institutions, including ones in the EU, to develop and share resources and skills to train high quality models.
Unfortunately, as things stand in the current negotiations, we believe the proposals threaten to create impractical barriers to and disadvantages for contributors to this open ecosystem. For instance, the text could impede simply making open source components available in public repositories and collaborating on them, thereby threatening the very process on which open source depends to develop.
To be clear, we don’t think open approaches to AI development should make their use fully exempt from the Act’s requirements, and we recognize how open source AI can also make harmful uses of AI more accessible to more people. Instead, our recommendations underscore the need for a tailored, proportionate approach to open source and open science, which supports collaborative models of development of AI by a wide range of players.
“Plant Circuits” by Creative Commons was generated by the DALL-E 2 AI platform with the text prompt “vines and digital circuit boards in the style of Erté.” CC dedicates any rights it holds to the image to the public domain via CC0.
We’re nearly halfway through 2023 and this year has already been an eventful one for generative artificial intelligence (AI), presenting unique challenges and opportunities for the Creative Commons (CC) community of creators who embrace open sharing.
From the community and beyond, we are seeing urgent demands for support in navigating AI’s implications for the commons.
CC has been hard at work developing our thoughts on the intersection of copyright and generative AI inputs and outputs. In February, we kicked off a public consultation with our community members and a wide range of stakeholders to learn about their thoughts on generative AI and to contemplate ways to move toward a positive future with this promising technology.
We believe AI can work in the public interest, and want to be part of the solution in navigating to that reality.
We use “artificial intelligence” and “AI” as shorthand terms for what we know is a complex field of technologies and practices, currently involving machine learning and large language models (LLMs). Using the abbreviation “AI” is handy, but not ideal, because we recognize that AI is not really “artificial” (in that AI is created and used by humans), nor “intelligent” (at least in the way we think of human intelligence).
What We Heard From You
We talked to creators, artists, publishers, policymakers, and legal experts. There are a wide variety of uses of these new tools, and just as wide a variety of points of view. As with previous technologies like the camera and Photoshop, generative AI is providing new tools for creativity, empowering both professionals and the public at large to make new works. At the same time, we listened to creators who worry about how their works are used to train AI and produce content that may compete with their works. For instance, if someone can generate works in the style of a previous artist, is that fair to the original artist? If people can use ChatGPT to get answers gleaned from Wikipedia without ever visiting Wikipedia, will Wikipedia’s commons of information continue to be sustainable?
Hearing these diverse voices helped reinforce and clarify our view that we need to think about a diverse set of solutions to support our strategy of better sharing in a world with AI. While we think it’s important that copyright continues to leave room for people to study and learn from past works to create new ones, including by analyzing past works using automated means, copyright is just one lens to think about AI. It’s still important to grapple with legitimate concerns about this technology and consider solutions that support responsible development and use.
Importantly, we heard interest in such solutions not just from creators, but also from developers of AI. With laws varying around the world and cases in the midst of active litigation, some developers are uncertain about whether and how to proceed in building AI. Moreover, regardless of what the law permits, some developers want to work with creators to find ways to respect creators’ wishes and support the commons through clear norms and technical solutions. For instance, we met with developers actively working on opt-in and opt-out solutions for creators regarding training of AI, and we talked to many developers who see using openly-licensed content for AI training as in line with their own aspirations and values.
We also spent time consulting with developers of open-source AI tools. Open source can help grow the commons, improve transparency in AI, and democratize access to the technology. At the same time, people have raised concerns about how open source may lower the barriers to harmful uses such as deepfakes or disinformation, and we’re starting to see proposed regulatory approaches that may go too far, hindering open approaches to AI. It is critical that, as an organization and a voice for the public interest, we continue to support appropriate regulations and practices that strike a balance among essential concerns, including open access, transparency, incentives for creativity, and protecting the commons and digital rights .
Additionally, we spent time talking to legal experts from academia and from private practice. Our thoughts about using AI in the public interest are rooted in our understanding of the legal frameworks involved and the way CC’s licenses and legal tools interact with them. We want the advice we share with our community and the policy approaches we advocate for to be informed by the most thoughtful analyses of the current and evolving legal situation, and we’ll provide further insights about AI and CC’s licenses in a future post. (For now, you can find additional details in our FAQ.)
What’s Coming Up for CC
With new developments in generative AI coming daily, and with increasing debate worldwide about how best to regulate AI, it is time for CC to look to the future and to consider our place in the ongoing conversation around generative AI.
We will continue to convene critical conversations and bring together stakeholders who may not typically sit across the table from each other. If you know of events where the CC community should be engaged, please share.
Upcoming opportunities to engage in-person on these topics include:
Expert roundtables in London in mid-July
Wikimania in Singapore in August
Convening in New York in September
Policy workshops in DC in September (to be confirmed)
CC Global Summit in Mexico City in October, with a specific focus on AI and the Commons, including participants from diverse communities around the world, not just people in the centers of power and privilege who already dominate conversations about AI
Additionally, anyone may join our community Copyright Platform and participate in its community advisory group on AI.
The CC team is dedicated to loud listening as we thoughtfully consider our stance and foster an exchange of ideas and knowledge.
Our consultation is not an end in itself. Knowledge exchange through convenings will inform our intentions, and guide our actions.
There are things we must do urgently to help bring clarity to our community and support for creators. We must:
Clarify how the legal structures supporting the commons, including CC licenses and legal tools, interact with generative AI today.
Empower creators, engaging even more deeply with those whose voices are being excluded from mainstream media coverage and policy debates. One question raised by creators rests on moral rights (non economic rights) which vary between jurisdictions, creating uncertainty over reuse.
Collaborate with builders and innovators who share our values and our vision for generative AI in the public interest, to develop, test, and potentially co-create solutions that tackle challenges like transparency, credit, consent, and choice.
Join us
Please join us on this journey of discovery through our platforms, community, network and in person at our Global Summit.
Participate in the CC Global Summit: Register to join us in Mexico City during 3–6 October 2023, where our theme will be AI and the commons.
Learn more about how CC licenses and legal tools intersect with AI inputs and outputs, and current understandings of the legal and regulatory landscapes.
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Get involved with CC on slack: Engage directly with our team and fellow CC enthusiasts. Join our Slack community for real-time discussions and updates.
Like the rest of the world, CC has been watching generative AI and trying to understand the many complex issues raised by these amazing new tools. We are especially focused on the intersection of copyright law and generative AI. How can CC’s strategy for better sharing support the development of this technology while also respecting the work of human creators? How can we ensure AI operates in a better internet for everyone? We are exploring these issues in a series of blog posts by the CC team and invited guests that look at concerns related to AI inputs (training data), AI outputs (works created by AI tools), and the ways that people use AI. Read our overview on generative AI or see all our posts on AI.
In this Special Episode of the Open Culture Voices series, CC hosts a conversation among five open culture experts from around the world.
Dr. Andrea Wallace, Professor, University of Exeter Law School, United Kingdom
Dr. Nkem Osuigwe, Director, African Library and Information Associations and Institutions, Nigeria
Medhavi Gandhi, Founder, The Heritage Lab, India
Evelin Heidel (Scann), Program Lead at Wikimedistas de Uruguay, Uruguay
Michael Peter Edson, Founder and Director at the Museum of Solutions, USA/India
Topics addressed range from the fundamental issues surrounding open culture, its transformative impact, and the challenges it faces in a world undergoing profound changes.
The conversation takes place at a pivotal moment in the open culture movement: while 2022 saw the adoption of the MONDIACULT Declaration by UNESCO member states, which recognizes culture as a global public good, only 1% of the world’s cultural heritage institutions have open access policies. The experts reflect on whether open culture can fulfill its commitment to inclusive and global access to culture and participation in cultural life.
Some of the key points discussed in this episode include:
The disruptive impact of new technologies, such as generative AI, on the open culture ecosystem, raising concerns about sustainability, accessibility, and equity.
The need to sketch a blueprint for open culture and better sharing to guide the direction of open culture in the coming years.
The observation that the open movement has stalled and is at a crossroads, requiring a realistic assessment of accomplishments, challenges, and future directions.
The importance of reflecting on and rethinking the mission, structure, and practices of cultural institutions in the digital age.
The need for a more equitable approach in open culture, addressing the bias in data representation and the lack of voices from underrepresented regions.
The sector’s need for active support and collaboration to address complex issues such as decolonization and inclusivity.
The importance of open culture in creating awareness, understanding, and appreciation of diverse cultures and knowledges.
Challenges include the need for more participatory practices, addressing issues of interoperability, and overcoming barriers to access in developing countries.
The role of open culture in contributing to addressing the climate crisis and preserving cultural heritage in emergency situations.
The environmental impact of digital technologies and the labor invisibilization associated with digital extraction.
The importance of considering local and intentional digital activities in open practices.
Overall, the first part of the conversation highlights the need to expand the reach and impact of open culture, address inequalities, and actively shape the future of openness in the cultural heritage sector. As the open culture movement evolves, it must address issues of representation, equity, and resource distribution and by embracing diverse perspectives and forging partnerships, the blueprint for open culture can be shaped to create a more inclusive and equitable future for all.
When asked why open culture is important, here’s what they had to say:
“For me, open culture is really important locally because it’s a way to think creatively about how to make connections among collections, individuals, histories, narratives. That previously hasn’t actually been possible because of the analog nature of heritage and heritage management.” Andrea Wallace
“I started my career working with artisans and craftspeople, and my main interest was in building participation with the arts…I realized that the knowledge of the craft was at museums, like the background knowledge and contextual knowledge. And so we started taking artisans and crafts people to museums.” Medhavi Gandhi
“Open content was this thread that ran through all our thinking about the future role of institutions and in the digital age… And for me, that’s a very very local and intimate challenge.” Michael Peter Edson
“I think it’s very important that we put out our stories and our heritage in ways that actually represent our culture.” Evelin Heidel (Scann)
“In my culture, some things are open and some are not, and I’m wondering how we can open up…there are some areas where women are not even allowed to join, and I’m wondering how open culture can help us achieve that.” Nkem Osuigwe
Part 2 will be release at the end of July 2023. Stay tuned!
Closed captions are available for this video, you can turn them on by clicking the CC icon at the bottom of the video. A red line will appear under the icon when closed captions have been enabled. Closed captions may be affected by Internet connectivity — if you experience a lag, we recommend watching the videos directly on YouTube.
The CC Open Culture Team is excited to announce a new webinar series, Open Culture Live. This series will feature conversations with experts on a number of topics, from the basics of open culture to discussions about traditional knowledge, artificial intelligence, respectful terminologies in collections, and more.
As a first session, we wanted to introduce folks to the basics of open culture – how our licenses work, and how they can be harnessed by cultural heritage institutions or GLAMs (galleries, libraries, archives and museums) to responsibly share the world’s cultural heritage.
Under the Wave off Kanagawa (Kanagawa oki nami ura), also known as The Great Wave, from the series Thirty-six Views of Mount Fuji (Fugaku sanjūrokkei). Katsushika Hokusai ca. 1830–32. Metropolitan Museum. Public Domain.
Back to Basics: Open Culture for Beginners
27 July, 2023, 2:00 PM UTC
Jocelyn Miyara, Open Culture Manager & Connor Benedict, Open Culture Coordinator
Why is open access important for cultural heritage institutions? The mission of many of these kinds of organizations is to share culture and knowledge – and the internet enables sharing much more widely. Open culture’s most exciting potential is to empower creators anywhere in the world to discover, share, reuse and remix cultural heritage. We see open culture as a catalyst for the dissemination and revitalization of culture, a spark for the creation of new cultural expressions and experiences, and an engine for sustainable cultural, economic and social development, where culture as a public good takes center stage.
I am delighted to introduce the latest additions to the Creative Commons Board of Directors: Marta Belcher, James Grimmelmann, and Luis Villa. They each bring unique skills and experiences, and they’re all passionate advocates for Creative Commons and the open movement.
We are at a pivotal moment in the development of Creative Commons. As we focus on CC’s strategic goal of accelerating better sharing and prepare for the first CC Global Summit since 2019 in Mexico City this October, the insights of Marta, James, and Luis will be invaluable.
Their appointment was made possible through an open nomination process steered by the Governance and Nominations Committee Chair, Carolina Botero, who harnessed the insights of the CC Global Network. I would like to thank the committee for their work, and a hearty welcome to Marta, James, and Luis. Let us all welcome them with open arms as they embark on their journey with us.
About the new board members:
Marta Belcher
Marta Belcher holds multiple esteemed positions in the tech and legal sectors, notably serving as President, Chair, General Counsel, and Head of Policy for the Filecoin Foundation and the Filecoin Foundation for the Decentralized Web. Additionally, she is an integral part of Protocol Labs. She also lends her expertise to the Electronic Frontier Foundation as a Special Counsel. Marta is also a Board member of the Blockchain Association and the Zcash Foundation, and a member of Paradigm’s Crypto Policy Council. Marta is a pioneer in blockchain law and policy, and has testified in Congress and state legislatures, as well as speaking in European Parliament. Marta was previously an intellectual property litigator at Ropes & Gray, and has submitted briefs in the U.S. Supreme Court and U.S. appellate courts for high-profile public interest organizations, including EFF, the Center for Democracy & Technology, Public Knowledge, the Cato Institute, the National Consumers’ League, the Blockchain Association, and Project Gutenberg. Marta has been recognized by the Financial Times Innovative Lawyer awards, by Law360’s list of Top Attorneys Under 40, by CryptoWeekly’s list of Most Influential Women in Crypto, and as Business Intelligence Group’s Woman of the Year.
James Grimmelmann
James Grimmelmann is the Tessler Family Professor of Digital and Information Law at Cornell Tech and Cornell Law School. His work is primarily focused on how laws regulating software affect freedom, wealth, and power. His role often involves helping lawyers and technologists understand each other, and he’s applied concepts from computer science to tackle legal problems. He’s also written a casebook titled “Internet Law: Cases and Problems” and over fifty articles on a range of topics within computer and internet law. He holds a J.D. from Yale Law School and an A.B. in computer science from Harvard College. Before law school, he worked as a programmer for Microsoft; after graduation, he clerked for a federal appellate judge. He is an affiliated fellow of the Yale Information Society Project. He previously taught at New York Law School, Georgetown, and the University of Maryland. He has written for Slate, Salon, Wired, Ars Technica, and Publishers Weekly; he is a regular source of expert commentary for major news media including the New York Times, the Wall Street Journal, the Washington Post, and All Things Considered. He and his students created the Public Index website to inform the public about the Google Books settlement.
Luis Villa
Luis Villa has made significant contributions to the open community since the late 90s, taking on a multitude of roles. He started as a developer, later transitioning into legal and board positions. His experience spans renowned organizations like Mozilla and the Wikimedia Foundation, where he held critical positions. In addition, he has provided legal counsel to a spectrum of companies, from small startups to giant Silicon Valley firms. His involvement in the open-source community extends beyond his professional roles. As a community member and informal advisor, he has worked with organizations such as Open Street Map, the Open Knowledge Foundation, the World Wide Web Consortium, and OpenETdata.org. Luis is also a co-founder and General Counsel at Tidelift, where the mission is making open source work better for everyone, including the maintainers behind the projects we all rely on, and the enterprises benefiting from their creations.
