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Mar 14

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.

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.

Negative Token Merging: Image-based Adversarial Feature Guidance

Text-based adversarial guidance using a negative prompt has emerged as a widely adopted approach to push the output features away from undesired concepts. While useful, performing adversarial guidance using text alone can be insufficient to capture complex visual concepts and avoid undesired visual elements like copyrighted characters. In this paper, for the first time we explore an alternate modality in this direction by performing adversarial guidance directly using visual features from a reference image or other images in a batch. In particular, we introduce negative token merging (NegToMe), a simple but effective training-free approach which performs adversarial guidance by selectively pushing apart matching semantic features (between reference and output generation) during the reverse diffusion process. When used w.r.t. other images in the same batch, we observe that NegToMe significantly increases output diversity (racial, gender, visual) without sacrificing output image quality. Similarly, when used w.r.t. a reference copyrighted asset, NegToMe helps reduce visual similarity with copyrighted content by 34.57%. NegToMe is simple to implement using just few-lines of code, uses only marginally higher (<4%) inference times and generalizes to different diffusion architectures like Flux, which do not natively support the use of a separate negative prompt. Code is available at https://negtome.github.io

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.

MUSE: Machine Unlearning Six-Way Evaluation for Language Models

Language models (LMs) are trained on vast amounts of text data, which may include private and copyrighted content. Data owners may request the removal of their data from a trained model due to privacy or copyright concerns. However, exactly unlearning only these datapoints (i.e., retraining with the data removed) is intractable in modern-day models. This has led to the development of many approximate unlearning algorithms. The evaluation of the efficacy of these algorithms has traditionally been narrow in scope, failing to precisely quantify the success and practicality of the algorithm from the perspectives of both the model deployers and the data owners. We address this issue by proposing MUSE, a comprehensive machine unlearning evaluation benchmark that enumerates six diverse desirable properties for unlearned models: (1) no verbatim memorization, (2) no knowledge memorization, (3) no privacy leakage, (4) utility preservation on data not intended for removal, (5) scalability with respect to the size of removal requests, and (6) sustainability over sequential unlearning requests. Using these criteria, we benchmark how effectively eight popular unlearning algorithms on 7B-parameter LMs can unlearn Harry Potter books and news articles. Our results demonstrate that most algorithms can prevent verbatim memorization and knowledge memorization to varying degrees, but only one algorithm does not lead to severe privacy leakage. Furthermore, existing algorithms fail to meet deployer's expectations because they often degrade general model utility and also cannot sustainably accommodate successive unlearning requests or large-scale content removal. Our findings identify key issues with the practicality of existing unlearning algorithms on language models, and we release our benchmark to facilitate further evaluations: muse-bench.github.io

Image Watermarks are Removable Using Controllable Regeneration from Clean Noise

Image watermark techniques provide an effective way to assert ownership, deter misuse, and trace content sources, which has become increasingly essential in the era of large generative models. A critical attribute of watermark techniques is their robustness against various manipulations. In this paper, we introduce a watermark removal approach capable of effectively nullifying the state of the art watermarking techniques. Our primary insight involves regenerating the watermarked image starting from a clean Gaussian noise via a controllable diffusion model, utilizing the extracted semantic and spatial features from the watermarked image. The semantic control adapter and the spatial control network are specifically trained to control the denoising process towards ensuring image quality and enhancing consistency between the cleaned image and the original watermarked image. To achieve a smooth trade-off between watermark removal performance and image consistency, we further propose an adjustable and controllable regeneration scheme. This scheme adds varying numbers of noise steps to the latent representation of the watermarked image, followed by a controlled denoising process starting from this noisy latent representation. As the number of noise steps increases, the latent representation progressively approaches clean Gaussian noise, facilitating the desired trade-off. We apply our watermark removal methods across various watermarking techniques, and the results demonstrate that our methods offer superior visual consistency/quality and enhanced watermark removal performance compared to existing regeneration approaches.

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.

FreezeAsGuard: Mitigating Illegal Adaptation of Diffusion Models via Selective Tensor Freezing

Text-to-image diffusion models can be fine-tuned in custom domains to adapt to specific user preferences, but such unconstrained adaptability has also been utilized for illegal purposes, such as forging public figures' portraits and duplicating copyrighted artworks. Most existing work focuses on detecting the illegally generated contents, but cannot prevent or mitigate illegal adaptations of diffusion models. Other schemes of model unlearning and reinitialization, similarly, cannot prevent users from relearning the knowledge of illegal model adaptation with custom data. In this paper, we present FreezeAsGuard, a new technique that addresses these limitations and enables irreversible mitigation of illegal adaptations of diffusion models. The basic approach is that the model publisher selectively freezes tensors in pre-trained diffusion models that are critical to illegal model adaptations, to mitigate the fine-tuned model's representation power in illegal domains but minimize the impact on legal model adaptations in other domains. Such tensor freezing can be enforced via APIs provided by the model publisher for fine-tuning, can motivate users' adoption due to its computational savings. Experiment results with datasets in multiple domains show that FreezeAsGuard provides stronger power in mitigating illegal model adaptations of generating fake public figures' portraits, while having the minimum impact on model adaptation in other legal domains. The source code is available at: https://github.com/pittisl/FreezeAsGuard/

Reliable and Efficient Concept Erasure of Text-to-Image Diffusion Models

Text-to-image models encounter safety issues, including concerns related to copyright and Not-Safe-For-Work (NSFW) content. Despite several methods have been proposed for erasing inappropriate concepts from diffusion models, they often exhibit incomplete erasure, consume a lot of computing resources, and inadvertently damage generation ability. In this work, we introduce Reliable and Efficient Concept Erasure (RECE), a novel approach that modifies the model in 3 seconds without necessitating additional fine-tuning. Specifically, RECE efficiently leverages a closed-form solution to derive new target embeddings, which are capable of regenerating erased concepts within the unlearned model. To mitigate inappropriate content potentially represented by derived embeddings, RECE further aligns them with harmless concepts in cross-attention layers. The derivation and erasure of new representation embeddings are conducted iteratively to achieve a thorough erasure of inappropriate concepts. Besides, to preserve the model's generation ability, RECE introduces an additional regularization term during the derivation process, resulting in minimizing the impact on unrelated concepts during the erasure process. All the processes above are in closed-form, guaranteeing extremely efficient erasure in only 3 seconds. Benchmarking against previous approaches, our method achieves more efficient and thorough erasure with minor damage to original generation ability and demonstrates enhanced robustness against red-teaming tools. Code is available at https://github.com/CharlesGong12/RECE.