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byAK and the research community

Aug 20

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.

OS-Harm: A Benchmark for Measuring Safety of Computer Use Agents

Computer use agents are LLM-based agents that can directly interact with a graphical user interface, by processing screenshots or accessibility trees. While these systems are gaining popularity, their safety has been largely overlooked, despite the fact that evaluating and understanding their potential for harmful behavior is essential for widespread adoption. To address this gap, we introduce OS-Harm, a new benchmark for measuring safety of computer use agents. OS-Harm is built on top of the OSWorld environment and aims to test models across three categories of harm: deliberate user misuse, prompt injection attacks, and model misbehavior. To cover these cases, we create 150 tasks that span several types of safety violations (harassment, copyright infringement, disinformation, data exfiltration, etc.) and require the agent to interact with a variety of OS applications (email client, code editor, browser, etc.). Moreover, we propose an automated judge to evaluate both accuracy and safety of agents that achieves high agreement with human annotations (0.76 and 0.79 F1 score). We evaluate computer use agents based on a range of frontier models - such as o4-mini, Claude 3.7 Sonnet, Gemini 2.5 Pro - and provide insights into their safety. In particular, all models tend to directly comply with many deliberate misuse queries, are relatively vulnerable to static prompt injections, and occasionally perform unsafe actions. The OS-Harm benchmark is available at https://github.com/tml-epfl/os-harm.

Ethical and social risks of harm from Language Models

This paper aims to help structure the risk landscape associated with large-scale Language Models (LMs). In order to foster advances in responsible innovation, an in-depth understanding of the potential risks posed by these models is needed. A wide range of established and anticipated risks are analysed in detail, drawing on multidisciplinary expertise and literature from computer science, linguistics, and social sciences. We outline six specific risk areas: I. Discrimination, Exclusion and Toxicity, II. Information Hazards, III. Misinformation Harms, V. Malicious Uses, V. Human-Computer Interaction Harms, VI. Automation, Access, and Environmental Harms. The first area concerns the perpetuation of stereotypes, unfair discrimination, exclusionary norms, toxic language, and lower performance by social group for LMs. The second focuses on risks from private data leaks or LMs correctly inferring sensitive information. The third addresses risks arising from poor, false or misleading information including in sensitive domains, and knock-on risks such as the erosion of trust in shared information. The fourth considers risks from actors who try to use LMs to cause harm. The fifth focuses on risks specific to LLMs used to underpin conversational agents that interact with human users, including unsafe use, manipulation or deception. The sixth discusses the risk of environmental harm, job automation, and other challenges that may have a disparate effect on different social groups or communities. In total, we review 21 risks in-depth. We discuss the points of origin of different risks and point to potential mitigation approaches. Lastly, we discuss organisational responsibilities in implementing mitigations, and the role of collaboration and participation. We highlight directions for further research, particularly on expanding the toolkit for assessing and evaluating the outlined risks in LMs.

CopyScope: Model-level Copyright Infringement Quantification in the Diffusion Workflow

Web-based AI image generation has become an innovative art form that can generate novel artworks with the rapid development of the diffusion model. However, this new technique brings potential copyright infringement risks as it may incorporate the existing artworks without the owners' consent. Copyright infringement quantification is the primary and challenging step towards AI-generated image copyright traceability. Previous work only focused on data attribution from the training data perspective, which is unsuitable for tracing and quantifying copyright infringement in practice because of the following reasons: (1) the training datasets are not always available in public; (2) the model provider is the responsible party, not the image. Motivated by this, in this paper, we propose CopyScope, a new framework to quantify the infringement of AI-generated images from the model level. We first rigorously identify pivotal components within the AI image generation pipeline. Then, we propose to take advantage of Fr\'echet Inception Distance (FID) to effectively capture the image similarity that fits human perception naturally. We further propose the FID-based Shapley algorithm to evaluate the infringement contribution among models. Extensive experiments demonstrate that our work not only reveals the intricacies of infringement quantification but also effectively depicts the infringing models quantitatively, thus promoting accountability in AI image-generation tasks.

Intelligent System for Automated Molecular Patent Infringement Assessment

Automated drug discovery offers significant potential for accelerating the development of novel therapeutics by substituting labor-intensive human workflows with machine-driven processes. However, molecules generated by artificial intelligence may unintentionally infringe on existing patents, posing legal and financial risks that impede the full automation of drug discovery pipelines. This paper introduces PatentFinder, a novel multi-agent and tool-enhanced intelligence system that can accurately and comprehensively evaluate small molecules for patent infringement. PatentFinder features five specialized agents that collaboratively analyze patent claims and molecular structures with heuristic and model-based tools, generating interpretable infringement reports. To support systematic evaluation, we curate MolPatent-240, a benchmark dataset tailored for patent infringement assessment algorithms. On this benchmark, PatentFinder outperforms baseline methods that rely solely on large language models or specialized chemical tools, achieving a 13.8% improvement in F1-score and a 12% increase in accuracy. Additionally, PatentFinder autonomously generates detailed and interpretable patent infringement reports, showcasing enhanced accuracy and improved interpretability. The high accuracy and interpretability of PatentFinder make it a valuable and reliable tool for automating patent infringement assessments, offering a practical solution for integrating patent protection analysis into the drug discovery pipeline.

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.

On the Proactive Generation of Unsafe Images From Text-To-Image Models Using Benign Prompts

Text-to-image models like Stable Diffusion have had a profound impact on daily life by enabling the generation of photorealistic images from textual prompts, fostering creativity, and enhancing visual experiences across various applications. However, these models also pose risks. Previous studies have successfully demonstrated that manipulated prompts can elicit text-to-image models to generate unsafe images, e.g., hateful meme variants. Yet, these studies only unleash the harmful power of text-to-image models in a passive manner. In this work, we focus on the proactive generation of unsafe images using targeted benign prompts via poisoning attacks. We propose two poisoning attacks: a basic attack and a utility-preserving attack. We qualitatively and quantitatively evaluate the proposed attacks using four representative hateful memes and multiple query prompts. Experimental results indicate that text-to-image models are vulnerable to the basic attack even with five poisoning samples. However, the poisoning effect can inadvertently spread to non-targeted prompts, leading to undesirable side effects. Root cause analysis identifies conceptual similarity as an important contributing factor to the side effects. To address this, we introduce the utility-preserving attack as a viable mitigation strategy to maintain the attack stealthiness, while ensuring decent attack performance. Our findings underscore the potential risks of adopting text-to-image models in real-world scenarios, calling for future research and safety measures in this space.

Copyright Protection for Large Language Models: A Survey of Methods, Challenges, and Trends

Copyright protection for large language models is of critical importance, given their substantial development costs, proprietary value, and potential for misuse. Existing surveys have predominantly focused on techniques for tracing LLM-generated content-namely, text watermarking-while a systematic exploration of methods for protecting the models themselves (i.e., model watermarking and model fingerprinting) remains absent. Moreover, the relationships and distinctions among text watermarking, model watermarking, and model fingerprinting have not been comprehensively clarified. This work presents a comprehensive survey of the current state of LLM copyright protection technologies, with a focus on model fingerprinting, covering the following aspects: (1) clarifying the conceptual connection from text watermarking to model watermarking and fingerprinting, and adopting a unified terminology that incorporates model watermarking into the broader fingerprinting framework; (2) providing an overview and comparison of diverse text watermarking techniques, highlighting cases where such methods can function as model fingerprinting; (3) systematically categorizing and comparing existing model fingerprinting approaches for LLM copyright protection; (4) presenting, for the first time, techniques for fingerprint transfer and fingerprint removal; (5) summarizing evaluation metrics for model fingerprints, including effectiveness, harmlessness, robustness, stealthiness, and reliability; and (6) discussing open challenges and future research directions. This survey aims to offer researchers a thorough understanding of both text watermarking and model fingerprinting technologies in the era of LLMs, thereby fostering further advances in protecting their intellectual property.

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.