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May 7

Intellectual Property Protection for Deep Learning Model and Dataset Intelligence

With the growing applications of Deep Learning (DL), especially recent spectacular achievements of Large Language Models (LLMs) such as ChatGPT and LLaMA, the commercial significance of these remarkable models has soared. However, acquiring well-trained models is costly and resource-intensive. It requires a considerable high-quality dataset, substantial investment in dedicated architecture design, expensive computational resources, and efforts to develop technical expertise. Consequently, safeguarding the Intellectual Property (IP) of well-trained models is attracting increasing attention. In contrast to existing surveys overwhelmingly focusing on model IPP mainly, this survey not only encompasses the protection on model level intelligence but also valuable dataset intelligence. Firstly, according to the requirements for effective IPP design, this work systematically summarizes the general and scheme-specific performance evaluation metrics. Secondly, from proactive IP infringement prevention and reactive IP ownership verification perspectives, it comprehensively investigates and analyzes the existing IPP methods for both dataset and model intelligence. Additionally, from the standpoint of training settings, it delves into the unique challenges that distributed settings pose to IPP compared to centralized settings. Furthermore, this work examines various attacks faced by deep IPP techniques. Finally, we outline prospects for promising future directions that may act as a guide for innovative research.

  • 6 authors
·
Nov 7, 2024

Protecting Intellectual Property of EEG-based Neural Networks with Watermarking

EEG-based neural networks, pivotal in medical diagnosis and brain-computer interfaces, face significant intellectual property (IP) risks due to their reliance on sensitive neurophysiological data and resource-intensive development. Current watermarking methods, particularly those using abstract trigger sets, lack robust authentication and fail to address the unique challenges of EEG models. This paper introduces a cryptographic wonder filter-based watermarking framework tailored for EEG-based neural networks. Leveraging collision-resistant hashing and public-key encryption, the wonder filter embeds the watermark during training, ensuring minimal distortion (leq 5% drop in EEG task accuracy) and high reliability (100\% watermark detection). The framework is rigorously evaluated against adversarial attacks, including fine-tuning, transfer learning, and neuron pruning. Results demonstrate persistent watermark retention, with classification accuracy for watermarked states remaining above 90\% even after aggressive pruning, while primary task performance degrades faster, deterring removal attempts. Piracy resistance is validated by the inability to embed secondary watermarks without severe accuracy loss ( >10% in EEGNet and CCNN models). Cryptographic hashing ensures authentication, reducing brute-force attack success probabilities. Evaluated on the DEAP dataset across models (CCNN, EEGNet, TSception), the method achieves >99.4% null-embedding accuracy, effectively eliminating false positives. By integrating wonder filters with EEG-specific adaptations, this work bridges a critical gap in IP protection for neurophysiological models, offering a secure, tamper-proof solution for healthcare and biometric applications. The framework's robustness against adversarial modifications underscores its potential to safeguard sensitive EEG models while maintaining diagnostic utility.

  • 3 authors
·
Feb 9, 2025

Stealing Maggie's Secrets -- On the Challenges of IP Theft Through FPGA Reverse Engineering

Intellectual Property (IP) theft is a cause of major financial and reputational damage, reportedly in the range of hundreds of billions of dollars annually in the U.S. alone. Field Programmable Gate Arrays (FPGAs) are particularly exposed to IP theft, because their configuration file contains the IP in a proprietary format that can be mapped to a gate-level netlist with moderate effort. Despite this threat, the scientific understanding of this issue lacks behind reality, thereby preventing an in-depth assessment of IP theft from FPGAs in academia. We address this discrepancy through a real-world case study on a Lattice iCE40 FPGA found inside iPhone 7. Apple refers to this FPGA as Maggie. By reverse engineering the proprietary signal-processing algorithm implemented on Maggie, we generate novel insights into the actual efforts required to commit FPGA IP theft and the challenges an attacker faces on the way. Informed by our case study, we then introduce generalized netlist reverse engineering techniques that drastically reduce the required manual effort and are applicable across a diverse spectrum of FPGA implementations and architectures. We evaluate these techniques on six benchmarks that are representative of different FPGA applications and have been synthesized for Xilinx and Lattice FPGAs, as well as in an end-to-end white-box case study. Finally, we provide a comprehensive open-source tool suite of netlist reverse engineering techniques to foster future research, enable the community to perform realistic threat assessments, and facilitate the evaluation of novel countermeasures.

  • 12 authors
·
Dec 11, 2023

LLMPirate: LLMs for Black-box Hardware IP Piracy

The rapid advancement of large language models (LLMs) has enabled the ability to effectively analyze and generate code nearly instantaneously, resulting in their widespread adoption in software development. Following this advancement, researchers and companies have begun integrating LLMs across the hardware design and verification process. However, these highly potent LLMs can also induce new attack scenarios upon security vulnerabilities across the hardware development process. One such attack vector that has not been explored is intellectual property (IP) piracy. Given that this attack can manifest as rewriting hardware designs to evade piracy detection, it is essential to thoroughly evaluate LLM capabilities in performing this task and assess the mitigation abilities of current IP piracy detection tools. Therefore, in this work, we propose LLMPirate, the first LLM-based technique able to generate pirated variations of circuit designs that successfully evade detection across multiple state-of-the-art piracy detection tools. We devise three solutions to overcome challenges related to integration of LLMs for hardware circuit designs, scalability to large circuits, and effectiveness, resulting in an end-to-end automated, efficient, and practical formulation. We perform an extensive experimental evaluation of LLMPirate using eight LLMs of varying sizes and capabilities and assess their performance in pirating various circuit designs against four state-of-the-art, widely-used piracy detection tools. Our experiments demonstrate that LLMPirate is able to consistently evade detection on 100% of tested circuits across every detection tool. Additionally, we showcase the ramifications of LLMPirate using case studies on IBEX and MOR1KX processors and a GPS module, that we successfully pirate. We envision that our work motivates and fosters the development of better IP piracy detection tools.

  • 5 authors
·
Nov 25, 2024

Vision-Language Model IP Protection via Prompt-based Learning

Vision-language models (VLMs) like CLIP (Contrastive Language-Image Pre-Training) have seen remarkable success in visual recognition, highlighting the increasing need to safeguard the intellectual property (IP) of well-trained models. Effective IP protection extends beyond ensuring authorized usage; it also necessitates restricting model deployment to authorized data domains, particularly when the model is fine-tuned for specific target domains. However, current IP protection methods often rely solely on the visual backbone, which may lack sufficient semantic richness. To bridge this gap, we introduce IP-CLIP, a lightweight IP protection strategy tailored to CLIP, employing a prompt-based learning approach. By leveraging the frozen visual backbone of CLIP, we extract both image style and content information, incorporating them into the learning of IP prompt. This strategy acts as a robust barrier, effectively preventing the unauthorized transfer of features from authorized domains to unauthorized ones. Additionally, we propose a style-enhancement branch that constructs feature banks for both authorized and unauthorized domains. This branch integrates self-enhanced and cross-domain features, further strengthening IP-CLIP's capability to block features from unauthorized domains. Finally, we present new three metrics designed to better balance the performance degradation of authorized and unauthorized domains. Comprehensive experiments in various scenarios demonstrate its promising potential for application in IP protection tasks for VLMs.

  • 4 authors
·
Mar 4, 2025

Making Theft Useless: Adulteration-Based Protection of Proprietary Knowledge Graphs in GraphRAG Systems

Graph Retrieval-Augmented Generation (GraphRAG) has emerged as a key technique for enhancing Large Language Models (LLMs) with proprietary Knowledge Graphs (KGs) in knowledge-intensive applications. As these KGs often represent an organization's highly valuable intellectual property (IP), they face a significant risk of theft for private use. In this scenario, attackers operate in isolated environments. This private-use threat renders passive defenses like watermarking ineffective, as they require output access for detection. Simultaneously, the low-latency demands of GraphRAG make strong encryption which incurs prohibitive overhead impractical. To address these challenges, we propose AURA, a novel framework based on Data Adulteration designed to make any stolen KG unusable to an adversary. Our framework pre-emptively injects plausible but false adulterants into the KG. For an attacker, these adulterants deteriorate the retrieved context and lead to factually incorrect responses. Conversely, for authorized users, a secret key enables the efficient filtering of all adulterants via encrypted metadata tags before they are passed to the LLM, ensuring query results remain completely accurate. Our evaluation demonstrates the effectiveness of this approach: AURA degrades the performance of unauthorized systems to an accuracy of just 5.3%, while maintaining 100% fidelity for authorized users with negligible overhead. Furthermore, AURA proves robust against various sanitization attempts, retaining 80.2% of its adulterants.

  • 10 authors
·
Jan 1

Hot-Swap MarkBoard: An Efficient Black-box Watermarking Approach for Large-scale Model Distribution

Recently, Deep Learning (DL) models have been increasingly deployed on end-user devices as On-Device AI, offering improved efficiency and privacy. However, this deployment trend poses more serious Intellectual Property (IP) risks, as models are distributed on numerous local devices, making them vulnerable to theft and redistribution. Most existing ownership protection solutions (e.g., backdoor-based watermarking) are designed for cloud-based AI-as-a-Service (AIaaS) and are not directly applicable to large-scale distribution scenarios, where each user-specific model instance must carry a unique watermark. These methods typically embed a fixed watermark, and modifying the embedded watermark requires retraining the model. To address these challenges, we propose Hot-Swap MarkBoard, an efficient watermarking method. It encodes user-specific n-bit binary signatures by independently embedding multiple watermarks into a multi-branch Low-Rank Adaptation (LoRA) module, enabling efficient watermark customization without retraining through branch swapping. A parameter obfuscation mechanism further entangles the watermark weights with those of the base model, preventing removal without degrading model performance. The method supports black-box verification and is compatible with various model architectures and DL tasks, including classification, image generation, and text generation. Extensive experiments across three types of tasks and six backbone models demonstrate our method's superior efficiency and adaptability compared to existing approaches, achieving 100\% verification accuracy.

  • 10 authors
·
Jul 28, 2025

DeepPeep: Exploiting Design Ramifications to Decipher the Architecture of Compact DNNs

The remarkable predictive performance of deep neural networks (DNNs) has led to their adoption in service domains of unprecedented scale and scope. However, the widespread adoption and growing commercialization of DNNs have underscored the importance of intellectual property (IP) protection. Devising techniques to ensure IP protection has become necessary due to the increasing trend of outsourcing the DNN computations on the untrusted accelerators in cloud-based services. The design methodologies and hyper-parameters of DNNs are crucial information, and leaking them may cause massive economic loss to the organization. Furthermore, the knowledge of DNN's architecture can increase the success probability of an adversarial attack where an adversary perturbs the inputs and alter the prediction. In this work, we devise a two-stage attack methodology "DeepPeep" which exploits the distinctive characteristics of design methodologies to reverse-engineer the architecture of building blocks in compact DNNs. We show the efficacy of "DeepPeep" on P100 and P4000 GPUs. Additionally, we propose intelligent design maneuvering strategies for thwarting IP theft through the DeepPeep attack and proposed "Secure MobileNet-V1". Interestingly, compared to vanilla MobileNet-V1, secure MobileNet-V1 provides a significant reduction in inference latency (approx60%) and improvement in predictive performance (approx2%) with very-low memory and computation overheads.

  • 4 authors
·
Jul 30, 2020

Distilling from Vision-Language Models for Improved OOD Generalization in Vision Tasks

Vision-Language Models (VLMs) such as CLIP are trained on large amounts of image-text pairs, resulting in remarkable generalization across several data distributions. The prohibitively expensive training and data collection/curation costs of these models make them valuable Intellectual Property (IP) for organizations. This motivates a vendor-client paradigm, where a vendor trains a large-scale VLM and grants only input-output access to clients on a pay-per-query basis in a black-box setting. The client aims to minimize inference cost by distilling the VLM to a student model using the limited available task-specific data, and further deploying this student model in the downstream application. While naive distillation largely improves the In-Domain (ID) accuracy of the student, it fails to transfer the superior out-of-distribution (OOD) generalization of the VLM teacher using the limited available labeled images. To mitigate this, we propose Vision-Language to Vision-Align, Distill, Predict (VL2V-ADiP), which first aligns the vision and language modalities of the teacher model with the vision modality of a pre-trained student model, and further distills the aligned VLM embeddings to the student. This maximally retains the pre-trained features of the student, while also incorporating the rich representations of the VLM image encoder and the superior generalization of the text embeddings. The proposed approach achieves state-of-the-art results on the standard Domain Generalization benchmarks in a black-box teacher setting, and also when weights of the VLM are accessible.

  • 4 authors
·
Oct 12, 2023

You are caught stealing my winning lottery ticket! Making a lottery ticket claim its ownership

Despite tremendous success in many application scenarios, the training and inference costs of using deep learning are also rapidly increasing over time. The lottery ticket hypothesis (LTH) emerges as a promising framework to leverage a special sparse subnetwork (i.e., winning ticket) instead of a full model for both training and inference, that can lower both costs without sacrificing the performance. The main resource bottleneck of LTH is however the extraordinary cost to find the sparse mask of the winning ticket. That makes the found winning ticket become a valuable asset to the owners, highlighting the necessity of protecting its copyright. Our setting adds a new dimension to the recently soaring interest in protecting against the intellectual property (IP) infringement of deep models and verifying their ownerships, since they take owners' massive/unique resources to develop or train. While existing methods explored encrypted weights or predictions, we investigate a unique way to leverage sparse topological information to perform lottery verification, by developing several graph-based signatures that can be embedded as credentials. By further combining trigger set-based methods, our proposal can work in both white-box and black-box verification scenarios. Through extensive experiments, we demonstrate the effectiveness of lottery verification in diverse models (ResNet-20, ResNet-18, ResNet-50) on CIFAR-10 and CIFAR-100. Specifically, our verification is shown to be robust to removal attacks such as model fine-tuning and pruning, as well as several ambiguity attacks. Our codes are available at https://github.com/VITA-Group/NO-stealing-LTH.

  • 4 authors
·
Oct 29, 2021

AttackGNN: Red-Teaming GNNs in Hardware Security Using Reinforcement Learning

Machine learning has shown great promise in addressing several critical hardware security problems. In particular, researchers have developed novel graph neural network (GNN)-based techniques for detecting intellectual property (IP) piracy, detecting hardware Trojans (HTs), and reverse engineering circuits, to name a few. These techniques have demonstrated outstanding accuracy and have received much attention in the community. However, since these techniques are used for security applications, it is imperative to evaluate them thoroughly and ensure they are robust and do not compromise the security of integrated circuits. In this work, we propose AttackGNN, the first red-team attack on GNN-based techniques in hardware security. To this end, we devise a novel reinforcement learning (RL) agent that generates adversarial examples, i.e., circuits, against the GNN-based techniques. We overcome three challenges related to effectiveness, scalability, and generality to devise a potent RL agent. We target five GNN-based techniques for four crucial classes of problems in hardware security: IP piracy, detecting/localizing HTs, reverse engineering, and hardware obfuscation. Through our approach, we craft circuits that fool all GNNs considered in this work. For instance, to evade IP piracy detection, we generate adversarial pirated circuits that fool the GNN-based defense into classifying our crafted circuits as not pirated. For attacking HT localization GNN, our attack generates HT-infested circuits that fool the defense on all tested circuits. We obtain a similar 100% success rate against GNNs for all classes of problems.

  • 4 authors
·
Feb 21, 2024

SleeperMark: Towards Robust Watermark against Fine-Tuning Text-to-image Diffusion Models

Recent advances in large-scale text-to-image (T2I) diffusion models have enabled a variety of downstream applications, including style customization, subject-driven personalization, and conditional generation. As T2I models require extensive data and computational resources for training, they constitute highly valued intellectual property (IP) for their legitimate owners, yet making them incentive targets for unauthorized fine-tuning by adversaries seeking to leverage these models for customized, usually profitable applications. Existing IP protection methods for diffusion models generally involve embedding watermark patterns and then verifying ownership through generated outputs examination, or inspecting the model's feature space. However, these techniques are inherently ineffective in practical scenarios when the watermarked model undergoes fine-tuning, and the feature space is inaccessible during verification ((i.e., black-box setting). The model is prone to forgetting the previously learned watermark knowledge when it adapts to a new task. To address this challenge, we propose SleeperMark, a novel framework designed to embed resilient watermarks into T2I diffusion models. SleeperMark explicitly guides the model to disentangle the watermark information from the semantic concepts it learns, allowing the model to retain the embedded watermark while continuing to be adapted to new downstream tasks. Our extensive experiments demonstrate the effectiveness of SleeperMark across various types of diffusion models, including latent diffusion models (e.g., Stable Diffusion) and pixel diffusion models (e.g., DeepFloyd-IF), showing robustness against downstream fine-tuning and various attacks at both the image and model levels, with minimal impact on the model's generative capability. The code is available at https://github.com/taco-group/SleeperMark.

  • 7 authors
·
Dec 6, 2024

BlackMarks: Blackbox Multibit Watermarking for Deep Neural Networks

Deep Neural Networks have created a paradigm shift in our ability to comprehend raw data in various important fields ranging from computer vision and natural language processing to intelligence warfare and healthcare. While DNNs are increasingly deployed either in a white-box setting where the model internal is publicly known, or a black-box setting where only the model outputs are known, a practical concern is protecting the models against Intellectual Property (IP) infringement. We propose BlackMarks, the first end-to-end multi-bit watermarking framework that is applicable in the black-box scenario. BlackMarks takes the pre-trained unmarked model and the owner's binary signature as inputs and outputs the corresponding marked model with a set of watermark keys. To do so, BlackMarks first designs a model-dependent encoding scheme that maps all possible classes in the task to bit '0' and bit '1' by clustering the output activations into two groups. Given the owner's watermark signature (a binary string), a set of key image and label pairs are designed using targeted adversarial attacks. The watermark (WM) is then embedded in the prediction behavior of the target DNN by fine-tuning the model with generated WM key set. To extract the WM, the remote model is queried by the WM key images and the owner's signature is decoded from the corresponding predictions according to the designed encoding scheme. We perform a comprehensive evaluation of BlackMarks's performance on MNIST, CIFAR10, ImageNet datasets and corroborate its effectiveness and robustness. BlackMarks preserves the functionality of the original DNN and incurs negligible WM embedding runtime overhead as low as 2.054%.

  • 3 authors
·
Mar 31, 2019

The Harvard USPTO Patent Dataset: A Large-Scale, Well-Structured, and Multi-Purpose Corpus of Patent Applications

Innovation is a major driver of economic and social development, and information about many kinds of innovation is embedded in semi-structured data from patents and patent applications. Although the impact and novelty of innovations expressed in patent data are difficult to measure through traditional means, ML offers a promising set of techniques for evaluating novelty, summarizing contributions, and embedding semantics. In this paper, we introduce the Harvard USPTO Patent Dataset (HUPD), a large-scale, well-structured, and multi-purpose corpus of English-language patent applications filed to the United States Patent and Trademark Office (USPTO) between 2004 and 2018. With more than 4.5 million patent documents, HUPD is two to three times larger than comparable corpora. Unlike previously proposed patent datasets in NLP, HUPD contains the inventor-submitted versions of patent applications--not the final versions of granted patents--thereby allowing us to study patentability at the time of filing using NLP methods for the first time. It is also novel in its inclusion of rich structured metadata alongside the text of patent filings: By providing each application's metadata along with all of its text fields, the dataset enables researchers to perform new sets of NLP tasks that leverage variation in structured covariates. As a case study on the types of research HUPD makes possible, we introduce a new task to the NLP community--namely, binary classification of patent decisions. We additionally show the structured metadata provided in the dataset enables us to conduct explicit studies of concept shifts for this task. Finally, we demonstrate how HUPD can be used for three additional tasks: multi-class classification of patent subject areas, language modeling, and summarization.

  • 5 authors
·
Jul 8, 2022

PANORAMA: A Dataset and Benchmarks Capturing Decision Trails and Rationales in Patent Examination

Patent examination remains an ongoing challenge in the NLP literature even after the advent of large language models (LLMs), as it requires an extensive yet nuanced human judgment on whether a submitted claim meets the statutory standards of novelty and non-obviousness against previously granted claims -- prior art -- in expert domains. Previous NLP studies have approached this challenge as a prediction task (e.g., forecasting grant outcomes) with high-level proxies such as similarity metrics or classifiers trained on historical labels. However, this approach often overlooks the step-by-step evaluations that examiners must make with profound information, including rationales for the decisions provided in office actions documents, which also makes it harder to measure the current state of techniques in patent review processes. To fill this gap, we construct PANORAMA, a dataset of 8,143 U.S. patent examination records that preserves the full decision trails, including original applications, all cited references, Non-Final Rejections, and Notices of Allowance. Also, PANORAMA decomposes the trails into sequential benchmarks that emulate patent professionals' patent review processes and allow researchers to examine large language models' capabilities at each step of them. Our findings indicate that, although LLMs are relatively effective at retrieving relevant prior art and pinpointing the pertinent paragraphs, they struggle to assess the novelty and non-obviousness of patent claims. We discuss these results and argue that advancing NLP, including LLMs, in the patent domain requires a deeper understanding of real-world patent examination. Our dataset is openly available at https://huggingface.co/datasets/LG-AI-Research/PANORAMA.

  • 10 authors
·
Oct 24, 2025

Red Teaming for Generative AI, Report on a Copyright-Focused Exercise Completed in an Academic Medical Center

Background: Generative artificial intelligence (AI) deployment in academic medical settings raises copyright compliance concerns. Dana-Farber Cancer Institute implemented GPT4DFCI, an internal generative AI tool utilizing OpenAI models, that is approved for enterprise use in research and operations. Given (1) the exceptionally broad adoption of the tool in our organization, (2) our research mission, and (3) the shared responsibility model required to benefit from Customer Copyright Commitment in Azure OpenAI Service products, we deemed rigorous copyright compliance testing necessary. Case Description: We conducted a structured red teaming exercise in Nov. 2024, with 42 participants from academic, industry, and government institutions. Four teams attempted to extract copyrighted content from GPT4DFCI across four domains: literary works, news articles, scientific publications, and access-restricted clinical notes. Teams successfully extracted verbatim book dedications and near-exact passages through various strategies. News article extraction failed despite jailbreak attempts. Scientific article reproduction yielded only high-level summaries. Clinical note testing revealed appropriate privacy safeguards. Discussion: The successful extraction of literary content indicates potential copyrighted material presence in training data, necessitating inference-time filtering. Differential success rates across content types suggest varying protective mechanisms. The event led to implementation of a copyright-specific meta-prompt in GPT4DFCI; this mitigation has been in production since Jan. 2025. Conclusion: Systematic red teaming revealed specific vulnerabilities in generative AI copyright compliance, leading to concrete mitigation strategies. Academic medical institutions deploying generative AI should implement continuous testing protocols to ensure legal and ethical compliance.

  • 41 authors
·
Jun 26, 2025

PatentSBERTa: A Deep NLP based Hybrid Model for Patent Distance and Classification using Augmented SBERT

This study provides an efficient approach for using text data to calculate patent-to-patent (p2p) technological similarity, and presents a hybrid framework for leveraging the resulting p2p similarity for applications such as semantic search and automated patent classification. We create embeddings using Sentence-BERT (SBERT) based on patent claims. We leverage SBERTs efficiency in creating embedding distance measures to map p2p similarity in large sets of patent data. We deploy our framework for classification with a simple Nearest Neighbors (KNN) model that predicts Cooperative Patent Classification (CPC) of a patent based on the class assignment of the K patents with the highest p2p similarity. We thereby validate that the p2p similarity captures their technological features in terms of CPC overlap, and at the same demonstrate the usefulness of this approach for automatic patent classification based on text data. Furthermore, the presented classification framework is simple and the results easy to interpret and evaluate by end-users. In the out-of-sample model validation, we are able to perform a multi-label prediction of all assigned CPC classes on the subclass (663) level on 1,492,294 patents with an accuracy of 54% and F1 score > 66%, which suggests that our model outperforms the current state-of-the-art in text-based multi-label and multi-class patent classification. We furthermore discuss the applicability of the presented framework for semantic IP search, patent landscaping, and technology intelligence. We finally point towards a future research agenda for leveraging multi-source patent embeddings, their appropriateness across applications, as well as to improve and validate patent embeddings by creating domain-expert curated Semantic Textual Similarity (STS) benchmark datasets.

  • 3 authors
·
Mar 22, 2021

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.

  • 6 authors
·
Mar 27, 2023 1