Japan's Content Overseas Distribution Association (CODA), representing major Japanese publishers including Studio Ghibli, has formally requested OpenAI to cease training its artificial intelligence models on copyrighted content belonging to its members without explicit permission. The demand, issued last week, specifically targets AI models such as Sora, OpenAI's video generator.
Studio Ghibli, known for animated films such as “Spirited Away” and “My Neighbor Totoro,” has seen its distinctive art style frequently replicated by OpenAI's generative AI products. Following the release of ChatGPT's native image generator in March, users widely generated images "in the style of" the studio's films. OpenAI CEO Sam Altman also reportedly changed his profile picture on X to a "Ghiblified" image. CODA's request coincides with increased access to OpenAI’s Sora app, which facilitates the generation of videos.
CODA's action stems from a broader concern regarding OpenAI's strategy toward copyrighted material, which has been characterized by some as "asking forgiveness, not permission." This approach has resulted in user-generated content featuring copyrighted characters and deceased celebrities, prompting complaints from other entities, including Nintendo and the estate of Dr. Martin Luther King, Jr., regarding the potential for deepfakes through applications like Sora.
The legal landscape concerning AI training on copyrighted content remains undefined, particularly under United States law, which has seen limited updates to copyright legislation since 1976. While a recent US federal judge ruling found Anthropic did not violate copyright law by training on copyrighted books (though it was fined for pirating them), CODA asserts that, under Japan's copyright system, the replication during machine learning processes may constitute infringement, generally requiring prior permission for the use of copyrighted works.
CODA stated, "In cases, as with Sora 2, where specific copyrighted works are reproduced or similarly generated as outputs, CODA considers that the act of replication during the machine learning process may constitute copyright infringement." The organization further elaborated that Japan's system does not allow for avoiding liability through subsequent objections. Hayao Miyazaki, a co-founder of Studio Ghibli, expressed "utter disgust" at AI-generated 3D animation in 2016, describing it as "an insult to life itself."
