A Japanese trade organization representing publishers such as Studio Ghibli wrote a letter at OpenAI last week, asking the AI giant stop training its artificial intelligence models in copyrighted content without permission.
Studio Ghibli, the animation studio behind films like “Spirited Away” and “My Neighbor Totoro,” has been particularly influenced by OpenAI’s productive AI products. When ChatGPT’s native image creator was released in March, it became a popular trend for users to request recreations of their selfies or pet photos in the style of the studio’s films. Even OpenAI CEO Sam Altman has changed his profile photo on X in a “Ghiblified” image.
Now, as more people gain access to OpenAI’s Sora app and video creation, the Japan Content Overseas Distribution Association (CODA) has asked OpenAI not to use its members’ content for machine learning without permission.
This request does not come unprompted. OpenAI’s approach to working with copyrighted content is to ask for forgiveness rather than permission, which has made it very easy for users to create photos and videos of copyrighted characters and deceased celebrities. This approach has drawn complaints from institutions such as Nintendoas well as the property of Dr. Martin Luther King, Jr., who could very easily be faked in the Sora app.
It is up to OpenAI to choose whether or not to cooperate with these requests. If not, affected parties can file a lawsuit, although United States law remains unclear on the use of copyrighted material for AI training.
So far, there is little precedent to guide judges in interpreting copyright law, which has not been updated since 1976. However, a recent ruling by US federal judge William Alsup found that Anthropic did not break the law by training its AI on copyrighted books — however, the company was fined for piracy of the books it used for training.
However, the Japan Content Overseas Distribution Association (CODA) claims that this may be considered copyright infringement in Japan.
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“In cases, as with Sora 2, where specific copyrighted works are reproduced or similarly produced as results, CODA considers that the act of reproduction in the machine learning process may constitute copyright infringement,” CODA wrote. “Under Japan’s copyright system, prior permission is generally required to use copyrighted works, and there is no system that allows one to avoid liability for infringement through subsequent objections.”
Hayao Miyazaki, one of Studio Ghibli’s central creative figures, has not directly commented on the proliferation of AI-generated interpretations of his work. However, when shown 3D animations created by AI in 2016, he he responded that he was “absolutely disgusted”.
“I can’t watch these things and find them interesting,” he said at the time. “I feel strongly that this is an affront to life itself.”
