Blameless Users in a Clean Room: Defining Copyright Protection for Generative Models

Abstract: Are there any conditions under which a generative model's outputs are guaranteed not to infringe the copyrights of its training data? This is the question of "provable copyright protection" first posed by Vyas, Kakade, and Barak (ICML 2023). They define near access-freeness (NAF) and propose it as sufficient for protection. This paper revisits the question and establishes new foundations for provable copyright protection -- foundations that are firmer both technically and legally. First, we show that NAF alone does not prevent infringement. In fact, NAF models can enable verbatim copying, a blatant failure of copy protection that we dub being tainted. Then, we introduce our blameless copy protection framework for defining meaningful guarantees, and instantiate it with clean-room copy protection. Clean-room copy protection allows a user to control their risk of copying by behaving in a way that is unlikely to copy in a counterfactual clean-room setting. Finally, we formalize a common intuition about differential privacy and copyright by proving that DP implies clean-room copy protection when the dataset is golden, a copyright deduplication requirement.