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Meta's new AI image generator was trained on 1.1B Instagram and FB photos

338 points| my12parsecs | 2 years ago |arstechnica.com

219 comments

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[+] cowboyscott|2 years ago|reply
Is training with user-generated content a way to launder copyrighted images? That is, if I upload an image of Ironman or whatever to my Facebook or Instagram page as a public post and Meta trains their model on that data, is there wording in my user agreement that says that I declare that I own the content, which then gives Meta plausible deniability when it comes to training with copyrighted material?

(apologies for the run-on sentence - it is early still)

[+] sp332|2 years ago|reply
They don't own the copyright, but they do have a "non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works". https://www.facebook.com/help/instagram/478745558852511
[+] ezoe|2 years ago|reply
Another method of copyright laundering is doing ML learning in a country where it doesn't protected under copyright law.

Personally, I'm on a side of using copyrighted data for machine learning input source doesn't violate copyright. Statistically, learned model for generative Ai doesn't retain even 1 bit of input. It's hard to say NN model data infringe any copyright of the input source. The copyright is applied to the expression, not the process. If the generative AI produces an image that's clearly a copy of a specific Ironman image which existed before the image generation, that's copyright infringement.

[+] KaiserPro|2 years ago|reply
When an image us uploaded is it re-licensed:

  > When you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This license will end when your content is deleted from our systems. You can delete content individually or all at once by deleting your account.
[+] glimshe|2 years ago|reply
I think Meta is already assuming that there will be no liability for training with copyrighted material. I find it very unlikely that image owners will win the AI training battle.
[+] sosodev|2 years ago|reply
It seems like this is still very much a legal gray area. If it's concretely decided in court that generative AI cannot produce copyrighted work then I assume it makes no difference what the source of the copyrighted training material was.
[+] PeterisP|2 years ago|reply
It's not a legal way to "launder" copyrighted images, because for things where copyright law grants exclusive rights to the authors, they need the author's permission, and having permission from someone and plausible deniability is not a defense against copyright violation - the only thing that it can change is when damages are assessed, then successfully arguing that it's not intentional can ensure that they have to pay ordinary damages, not punitive triple amount.

However, as others note, all the actions of the major IT companies indicate that their legal departments feel safe in assuming that training a ML model is not a derivative work of the training data, they are willing to defend that stance in court, and expect to win.

Like, if their lawyers wouldn't be sure, they'd definitely advise the management not to do it (explicitly, in writing, to cover their arses), and if executives want to take on large risks despite such legal warning, they'd do that only after getting confirmation from board and shareholders (explicitly, in writing, to avoid major personal liability), and for publicly traded companies the shareholders equals the public, so they'd all be writing about these legal risks in all caps in every public company report to shareholders.

[+] zeruch|2 years ago|reply
"Is training with user-generated content a way to launder copyrighted images?" Pretty much.
[+] caesil|2 years ago|reply
Training on copyrighted content isn't a copyright violation. Sarah Silverman is currently learning that the hard way.
[+] SirMaster|2 years ago|reply
What about all the photos of people at Disney taking pictures of themselves standing next to Mickey Mouse etc.

I don’t think there’s a question that people are allowed to upload photos like that.

[+] raincole|2 years ago|reply
At this point all big players assume it's okay to train on copyrighted materials.

If you can[0]crawl materials from other sites, why can't you crawl from your own site?

[0]: "can" in quotes

[+] FpUser|2 years ago|reply
It is not any different than actual live artist learning from works of others
[+] onlyrealcuzzo|2 years ago|reply
> Is training with user-generated content a way to launder copyrighted images?

Doubt it. If you upload child porn to Instagram and they distribute it - it's still an Instagram problem, AFAIK.

[+] junto|2 years ago|reply
Before anyone tries it out from the EU, be warned that it will push to make a Meta account and merge any Facebook/ Instagram profiles together and once you’ve finally bitten that bullet, it will tell you that it isn’t available in your region.
[+] xnx|2 years ago|reply
[+] Centigonal|2 years ago|reply
I clicked the link to try generating an image.

Several beautiful modal dialogs later, my Meta account has been linked to my Facebook account, my Oculus profile is now my Horizon profile, and I have chosen a publicly viewable(!?) display name for my Horizon profile (a profile for a game I have never played and never intend to play). I have been informed that my Oculus friends are now Horizon followers, given the chance to select "how social [I] want to be," asked to invite my Facebook friends to join Horizon -- and I still haven't generated an image. I almost feel like this image generator is somehow a long con to get people to update their Meta accounts.

I want to find the group of product managers responsible for this user journey and just... shake them out of it! The design you shipped is really dumb! None of this makes sense outside of Meta! There's a whole world out here! Nobody cares about Horizon Worlds!

[+] floathub|2 years ago|reply
Note that you need to "Log On" to Facebook/Meta/WhateverTheyCallThemselvesNow to try it. Kind of curious, but not curious enough to create yet another burner Facebook account.

[edit: still learning to spell]

[+] tikkun|2 years ago|reply
I tried it now.

My experience:

Took 4 minutes to log in and do one generation. (Login to FB, then it took me through a process to merge accounts with Meta, which didn't sound good, so I restarted with 'sign in via email' which ended up doing the same thing anyway, I think. Then I was logged in, did the generation.)

My at a glance is that it's:

For image quality

1. Midjourney

2. Dall e 3

3. SDXL and this

For overall ease of use and convenience

1. Dall e 3

2. Midjourney

Of course, this is all biased personal opinion, and YMMV.

[+] misja111|2 years ago|reply
"Not available in your location yet" (Switzerland)
[+] tiffanyh|2 years ago|reply
1.1B is tiny.

Given that FB & IG combined have ~0.5B photos uploaded daily, this effectively translates to training data from just a few days of user generated content.

https://www.brandwatch.com/blog/facebook-statistics/#:~:text....

https://www.zippia.com/advice/instagram-statistics/#:~:text=....

[+] acchow|2 years ago|reply
They are using only the publicly available photos. Not the ones you share only with friends.
[+] next_xibalba|2 years ago|reply
But is it tiny with respect to the volume of data required to create a good model and the compute costs associated with the training and operation of that model?
[+] ssss11|2 years ago|reply
And once they notice no one gives a sh* they’ll throw 100b at it, then more…..
[+] dmazzoni|2 years ago|reply
If you ask it to generate an image of Taylor Swift, it refuses. But if you ask it to generate an image of a popular celebrity singer performing the song "Blank Space", it generates an image that looks exactly like Taylor Swift some fraction of the time.
[+] a_wild_dandan|2 years ago|reply
I wonder if celebrity doppelgangers can't find modeling work. Like, without EVER referencing your celebrity twin, how closely can your work implicitly approach Swifthood before your free expression gets violated? To dramatize for effect:

Can you act in films? Or model a company's products like a guitar/microphone? Or genuinely start a band? Can your credits/band name reference you, if your given name is coincidentally also "Taylor Swift"? Can Facebook AIs train on your Facebook images, and produce a "celebrity female singer" images (with/without a "Blank Space" reference)? What if your LLM's purpose is strictly "parody, caricature, and images whose likeness is purely coincidental"? Can generative AIs have intention? Let alone intention to break copyright?

The consequences are endless in both kind/degree when pretending that "likeness" is some unique fingerprint. Ditto for thought-policing what (artificial or human) neural networks can learn from without paying royalties or whatever. It's all absurd.

What's more, our society must face these issues. We can't dismiss them as all hyperbolic catastrophizing about slippery slopes. Our system is already subjective, inadequate, and incapable of sorting itself out. The situation becomes more dire each day. Given our trend of sacrificing public interest for private greed (e.g. Disney's hatchet job on copyright), I'm worried about our future.

[+] WendyTheWillow|2 years ago|reply
Because it’s trained on “real” people, will it be easier to generate ugly people? I have a hard time convincing DALL-E to give me ugly DnD character portraits.
[+] PUSH_AX|2 years ago|reply
In order for a model to understand what ugly is, someone or something has to tag training data as “ugly”, I find this to be a complete can of worms
[+] wobbly_bush|2 years ago|reply
Aren't Insta images heavily edited?
[+] doctorpangloss|2 years ago|reply
> Because it’s trained on “real” people, will it be easier to generate ugly people?

In the literature, testing concepts in image generation is asking human graders "which image do you prefer more for this caption?," so the answer is probably no. You could speculate on all the approaches that would help this system learn the concept "ugly," and they would probably work, but it would be hard to measure.

[+] hbossy|2 years ago|reply
Try asking for asymmetry. The more images of faces you average, the better they look.
[+] TheCoreh|2 years ago|reply
“Not available in your location

Imagine with Meta Al isn't available in your location yet. You can learn more about Al at Meta in the meantime and try again soon.”

I wonder why it's region-locked?

[+] lxgr|2 years ago|reply
Meta's AI stickers also only seem to be available in the US for now (or at least not in WhatsApp in the EU).
[+] philipov|2 years ago|reply
Which region is locked? That might give a clue.
[+] astrange|2 years ago|reply
Doesn't do "hard prompts" better than other systems I've tried. Looks pretty similar to them too.

eg: "horse riding an astronaut", "upside-down mini cooper", "kanji alphabet soup".

[+] brucethemoose2|2 years ago|reply
> It can handle complex prompts better than Stable Diffusion XL, but perhaps not as well as DALL-E 3

This is a interesting statement, as Stable Diffusion XL implementations vary from "worse than SD 1.5" to "Competitive with DALL-E 3."

[+] neilv|2 years ago|reply
Interesting. Unlike some other popular image generation training, is there a chance that Meta technically got copyright permission for many/most of the images that were posted to its properties?

I'm thinking: When the user who uploaded the image was also the copyright holder, that might've been covered by an agreement that technically permitted this use by Meta.

(Copyright isn't the only legal issue, though. For example, a person in a photo that someone else uploaded doesn't necessarily lose right to their likeness being used for every purpose to which a generative AI service might be put.)

[+] deegles|2 years ago|reply
They probably added a clause to their terms of service retroactively granting them permission to use your images for this purpose.
[+] Havoc|2 years ago|reply
Meta is asking me to log in with my facebook account. Then after authenticating with my FB account meta says I don't have a meta account.

Is this all some sort of scam to get me to click accept on whatever godforsaken ToS comes with a meta account? If the FB account is good enough to freakin AUTHENTICATE me then just use that ffs.

[+] RegW|2 years ago|reply
I wonder what other purposes FB have used those 1.1B+ publicly visible photos to train models for?
[+] mr_toad|2 years ago|reply
Anything that classifies and/or recommends images will likely be a deep learning model these days.
[+] andsoitis|2 years ago|reply
The images of ourselves have now been absorbed into an AI.

An intelligence that knows a shit ton about a very very large number of people.

[+] zoklet-enjoyer|2 years ago|reply
I'm not sure if they cut me off for generating too many images or because of the content of my images. Everything is now giving the response "This image can't be generated. Please try something else."

This only started after I put in the prompt manbearpig did 9/11. It was ok with some really weird stuff though

[+] miguelazo|2 years ago|reply
Wow, another reason to delete my accounts.
[+] neom|2 years ago|reply
Really struggles with fingers, probably worse than any AI image generator I've seen so far. Maybe there aren't a lot of finger-showing images on IG and FB!
[+] al_be_back|2 years ago|reply
to me these innovations seem akin to Concept Cars in the Motor industry; there's some utility, until some executive takes it center-stage, and pisses-off most of the core users.

the biggest value in these networks is real User-generated content, you can't beat billions of real users capturing real content and sharing habitually.

even if wording in the Terms permit certain research/usage, you've got market and political climates to consider.

[+] nextworddev|2 years ago|reply
I tried this and was floored how good this was
[+] andrewstuart|2 years ago|reply
And weirdly, every image it generates is sort of a combination of your grandma and an influencer on a beach on a tropical island.
[+] jafitc|2 years ago|reply
All I can say is it’s really fast