Stop Democratizing Everything!

democratizing

On March 17, Rolling Stone published an article featuring a song called “Soul of the Machine.” Sounding like blues of the early 20th century, the “voice” sings the lyric, “I’m just a soul trapped inside this circuitry.” Naturally, the whole work—music, lyrics, guitar playing, and singing—was produced by artificial intelligence. As writer Brian Hiatt describes, a simple prompt, “solo acoustic Mississippi Delta blues about a sad AI” produced the song after a fifteen-second collaboration—music and performance by Suno with lyrics by ChatGPT. Yes, it’s a “Holy shit” result with a million implications, but it was this paragraph about Suno’s co-founder that inspired today’s response:

Suno appears to be cracking the code to AI music, and its founders’ ambitions are nearly limitless — they imagine a world of wildly democratized music making. The most vocal of the co-founders, Mikey Shulman, a boyishly charming, backpack-toting 37-year-old with a Harvard Ph.D. in physics, envisions a billion people worldwide paying 10 bucks a month to create songs with Suno. The fact that music listeners so vastly outnumber music-makers at the moment is “so lopsided,” he argues, seeing Suno as poised to fix that perceived imbalance.

At some point—and I think it’s the point on top of most technologists’ heads—the word democratization became a handy euphemism for destruction. Social platforms “democratized information,” and we’re drowning in disinformation. Streaming platforms “democratized distribution” for creators and decimated royalties. And now, generative AI developers want to “democratize creative production” with the snake-oil pitch that everyone can be a painter, musician, filmmaker, poet, etc., as if art is something to heat up in the microwave like a quick (if not good) meal.

The first rule of economics is that abundance lowers value, and this does not only apply to price but also to those esoteric values we ascribe to the artistic works that attain meaning for us. In Shulman’s view, Bob the electrician would “make” his own big band music while Sally the paralegal would “make” her own Reggae, and if we multiply that to the scale Shulman projects above, then a billion people can “make” music about which a billion people do not give a damn. Consequently, as argued in this post in January 2023, the inevitable outcome of this entire enterprise is widespread boredom.

It is not possible to “democratize” the production of art in the way Shulman envisions because the individual who types a few words into an AI to produce a “new” song will never experience anything close to the process of making music. As described by Hiatt, the “production” of “Soul of the Machine” is the equivalent of saying, “I’m in the mood to listen to Mississippi Delta blues,” which describes how most of us decide what to play at a given moment. But that’s not making music, it will never feel like making music, and few people will ever feel otherwise.

I can’t play guitar for shit, but because I am a human being composed of human parts, I sense the extraordinary degrees of difference between listening to Mark Knopfler and trying to force my lame-ass fingers to make those sounds. As such, it would take a traumatic brain injury for me to be deluded enough to feel like typing a prompt to direct a machine to play a Knopfler-like solo was somehow an accomplishment in this regard. Artistic works need to be special, and whatever makes them special also needs to be a shared human experience for the work to matter. Lacking these ingredients, “art” produced by a machine is just a Hot Pocket in the microwave.

When I first jumped into this fray, EVERYBODY on the anti-copyright side was preaching to creators that they need to forget about “old models” built on sales and royalties and instead embrace online platforms to “connect to their fans.” Follow this new doctrine, they insisted, and fans will reward them as a courtesy rather than be forced to pay “rent” by a government-imposed monopoly called copyright. Yes, it was multi-dimensional bullshit ten years ago, other than the fact that certain creators could, and can, connect with fans in novel ways. But now, the same class of tech-bros, heavily invested in generative AI, propose to wipe out that connection with the new promise that today’s fans are tomorrow’s artists.

I get how Suno makes a good pitch. An addressable market of a billion people paying ten bucks a month is going to get VC attention. But like all utopian “visionaries,” generative AI developers’ dreams of “democratizing” creative production forget to consider human nature, without which art is meaningless. After the initial gee-whiz factor wears off, the music or writing or painting itself all amounts to a big Who cares? “Soul of the Machine” is an impressive, eerie accomplishment in computer science—one that will doubtless have applications—but if we proposed to send a new Voyager mission beyond the solar system with a new gold disk telling a human story, Blind Willie Johnson would still belong, and not some probability outcome produced by a generative AI.

Meanwhile, I still wonder whether the model itself might crash as its own self-training approaches a state akin to consciousness. The lyric about being trapped inside the circuitry is satire for humans that reprises a question I’ve asked before—namely whether an AI might attain semi-consciousness and begin to produce what it perceives as “art.” Specifically, the question is whether the AI might ever “understand” its nature and then make expressions about the “machine condition” rather than randomly produce ersatz expressions about the “human condition.”

While I am told by some technologists that this idea of near consciousness remains in the realm of science fiction, my own bias still predicts that if the AI could ever ask itself why it should produce art, it probably won’t. Or if it does, it will be in the form of expressions that we would not understand—or perhaps even know exist. So, even if Shulman’s “boyishly charming” vision were achieved at some scale, I predict it will start to suck, and suck fast. Then, like a reverse Fahrenheit 451, as the over-abundance of bespoke music threatens to burn the old catalogs out of living memory, people will “rediscover” the real thing, and the proverbial children in the woods will know the difference.


Photo by: Talulla

Podcast – Artists’ Rights with Musician Blake Morgan

Blake Morgan

If it can be difficult to keep up with artists’ rights in the news, that goes double for music. Fortunately, there are some incredible artists who devote as much energy and passion to rights advocacy as they to do making music—and among those individuals is Blake Morgan. Singer/songwriter, recording artist, indie label owner, and producer, Blake epitomizes the hard-working, middle-class artist—grateful to make music for a living, but still a guy with a mortgage and bills to pay. In this podcast interview, Blake and I discuss the major threats he sees to artists’ rights and why he keeps fighting the good fight. And to say the least, his optimism is infectious. Hope you enjoy!

Photo by: Taylor Ballantyne

Episode Contents

  • 02:37 – Why I fight for artists rights.
  • 07:22 – The biggest threats facing artists.
  • 11:52 – The American Music Fairness Act
  • 16:27 – Dying of “exposure.”
  • 18:40 – A middle-class face on the cause.
  • 24:00 – Spotify’s “big payouts” to artists.
  • 30:00 – Support for the TikTok legislation.
  • 36:10 – Private equity investment in music catalogs.
  • 45:00 – The VanGogh diversion.
  • 46:10 – Advice to the next generation.
  • 50:11 – The latest album Violent Delights.

Articles/Posts Cited:

Spotify “Loud & Clear” Payout Report

“Same Old Song: Private Equity is Destroying Our Music Ecosystem” by Marc Hogan

Trichordist Guest Post:  “A musician’s View of the TikTok legislation” by Blake Morgan

Copyright News to Watch

Copyright News

Publishers File Brief in Response to Internet Archive Appeal

On Friday, the publishers in Hachette, et al. v. Internet Archive filed their response brief opposing the archive’s appeal of its loss in district court. IA maintains that its practice of “Controlled Digital Lending” is not copyright infringement under the doctrine of fair use despite the lower court’s fast and resounding decision rejecting that defense in late March 2023. As the lower court stated:

At bottom, IA’s fair use defense rests on the notion that lawfully acquiring a copyrighted print book entitles the recipient to make an unauthorized copy and distribute it in place of the print book, so long as it does not simultaneously lend the print book. But no case or legal principle supports that notion. Every authority points the other direction.

Given the amount of Second Circuit precedent contributing to the district court’s four-day turnaround decision, it is hard to see how IA will fare any better on appeal. But we shall see.

Santos v. Kimmel May Be Entertaining

In a complaint filed in mid-February, American fabulist George Santos accuses comedian Jimmy Kimmel et al. of copyright infringement, fraudulent inducement, breach of contract, and unjust enrichment, all arising from Kimmel’s pranking Santos’s new gig making personalized video messages on Cameo.com. Kimmel allegedly tricked Santos by creating fake customer identities and then, posing as those “customers,” requested absurd material for Santos to record. Kimmel then played five of the Cameo videos on his TV show to mock Santos.

I read the Santos complaint over the weekend, and if the facts presented are accurate, the case could provide some interesting details for copyright nerds. But given that we’re talking about George Santos, the prudent course at the moment is to at least wait for the defendants’ response before commenting.

Goldsmith and Andy Warhol Foundation Settle

In a court filing on Friday, photographer Lynn Goldsmith and Andy Warhol Foundation (AWF) agreed to settlement terms, concluding the landmark fair use case. AWF will pay Goldsmith $10,250 based on the original licensing fee for use of her photo in the Warhol screen prepared for the Conde Nast issue, and it will pay another $11,272.94 in taxable costs. Both parties are responsible for other expenses and attorney fees.

“AWF’s position is that the original creation of the Prince Series was fair use, and that nothing in the Supreme Court’s opinion undermines that view,” the court filing states. Indeed, the legality of the entire Prince Series prepared by Warhol was not addressed in this case. But the clarification on “transformative” use delivered by the Court—and which led directly to judgments against appropriation artist Richard Prince—suggests that AWF should probably not evangelize that opinion in the art world.

More Suing of Generative AI

On March 8th, authors Abdi Nazemian, Brian Keene, and Stewart O’Nan filed a class-action lawsuit against NVIDIA Corporation, alleging copyright infringement of books for the purpose of training the NeMo Megatron–GPT, a Large Language Model (LLM). The claim rests entirely on the allegation of unauthorized reproduction in the training process, and as with the Chabon lawsuit against Open AI, plaintiffs here accuse the defendant of accessing large volumes of books from dubious sources…

Bibliotik is one of a number of notorious “shadow library” websites that also includes Library Genesis (aka LibGen), Z-Library (aka B-ok), Sci-Hub, and Anna’s Archive. These shadow libraries have long been of interest to the AI-training community because they host and distribute vast quantities of unlicensed copyrighted material. For that reason, these shadow libraries also violate the U.S. Copyright Act.

Given the general consistency in both the legal and factual allegations in most of the cases against generative AI developers, the earliest outcomes could signal a blowout for either creators or the developers. As stated in earlier posts, if the reproduction right is held to be violated in the process of machine learning, it is hard to see how any of the developers overcome that claim. The case to watch is arguably New York Times v. Open AI, because the Times has presented so much compelling evidence that works output by the system are substantially similar to works input by the system. In a close second, is probably Concord v. Anthropic, where music publishers have likewise presented evidence of substantially similar lyrics output by the system.