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.

Assessing whether AI-generated images are substantially similar to copyrighted works is a crucial step in resolving copyright disputes. In this paper, we propose CopyJudge, an automated copyright infringement identification framework that leverages large vision-language models (LVLMs) to simulate practical court processes for determining substantial similarity between copyrighted images and those generated by text-to-image diffusion models. Specifically, we employ an abstraction-filtration-comparison test framework with multi-LVLM debate to assess the likelihood of infringement and provide detailed judgment rationales. Based on the judgments, we further introduce a general LVLM-based mitigation strategy that automatically optimizes infringing prompts by avoiding sensitive expressions while preserving the non-infringing content. Besides, our approach can be enhanced by exploring non-infringing noise vectors within the diffusion latent space via reinforcement learning, even without modifying the original prompts. Experimental results show that our identification method achieves comparable state-of-the-art performance, while offering superior generalization and interpretability across various forms of infringement, and that our mitigation method could more effectively mitigate memorization and IP infringement without losing non-infringing expressions.

In this paper, we investigate potential randomization approaches that can complement current practices of input-based methods (such as licensing data and prompt filtering) and output-based methods (such as recitation checker, license checker, and model-based similarity score) for copyright protection. This is motivated by the inherent ambiguity of the rules that determine substantial similarity in copyright precedents. Given that there is no quantifiable measure of substantial similarity that is agreed upon, complementary approaches can potentially further decrease liability. Similar randomized approaches, such as differential privacy, have been successful in mitigating privacy risks. This document focuses on the technical and research perspective on mitigating copyright violation and hence is not confidential. After investigating potential solutions and running numerical experiments, we concluded that using the notion of Near Access-Freeness (NAF) to measure the degree of substantial similarity is challenging, and the standard approach of training a Differentially Private (DP) model costs significantly when used to ensure NAF. Alternative approaches, such as retrieval models, might provide a more controllable scheme for mitigating substantial similarity.

There is a growing concern that learned conditional generative models may output samples that are substantially similar to some copyrighted data $C$ that was in their training set. We give a formal definition of $\textit{near access-freeness (NAF)}$ and prove bounds on the probability that a model satisfying this definition outputs a sample similar to $C$, even if $C$ is included in its training set. Roughly speaking, a generative model $p$ is $\textit{$k$-NAF}$ if for every potentially copyrighted data $C$, the output of $p$ diverges by at most $k$-bits from the output of a model $q$ that $\textit{did not access $C$ at all}$. We also give generative model learning algorithms, which efficiently modify the original generative model learning algorithm in a black box manner, that output generative models with strong bounds on the probability of sampling protected content. Furthermore, we provide promising experiments for both language (transformers) and image (diffusion) generative models, showing minimal degradation in output quality while ensuring strong protections against sampling protected content.