Training generative AI models requires extensive amounts of data. A common practice is to collect such data through web scraping. Yet, much of what has been and is collected is copyright protected. Its use may be copyright infringement. In the USA, AI developers rely on "fair use" and in Europe, the prevailing view is that the exception for "Text and Data Mining" (TDM) applies. In a recent interdisciplinary tandem-study, we have argued in detail that this is actually not the case because generative AI training fundamentally differs from TDM. In this article, we share our main findings and the implications for both public and corporate research on generative models. We further discuss how the phenomenon of training data memorization leads to copyright issues independently from the "fair use" and TDM exceptions. Finally, we outline how the ISMIR could contribute to the ongoing discussion about fair practices with respect to generative AI that satisfy all stakeholders.

We present DECORAIT; a decentralized registry through which content creators may assert their right to opt in or out of AI training as well as receive reward for their contributions. Generative AI (GenAI) enables images to be synthesized using AI models trained on vast amounts of data scraped from public sources. Model and content creators who may wish to share their work openly without sanctioning its use for training are thus presented with a data governance challenge. Further, establishing the provenance of GenAI training data is important to creatives to ensure fair recognition and reward for their such use. We report a prototype of DECORAIT, which explores hierarchical clustering and a combination of on/off-chain storage to create a scalable decentralized registry to trace the provenance of GenAI training data in order to determine training consent and reward creatives who contribute that data. DECORAIT combines distributed ledger technology (DLT) with visual fingerprinting, leveraging the emerging C2PA (Coalition for Content Provenance and Authenticity) standard to create a secure, open registry through which creatives may express consent and data ownership for GenAI.