this post was submitted on 09 Aug 2023
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I think the key problem with a lot of the models right now is that they were developed for "research", without the rights holders having the option to opt out when the models were switched to for-profit. The portfolio and gallery websites, from which the bulk of the artwork came from, didn't even have opt out options until a couple of months ago. Artists were therefore considered to have opted in to their work being used commercially because they were never presented with the option to opt out.
So at the bare minimum, a mechanism needs to be provided for retroactively removing works that would have been opted out of commercial usage if the option had been available and the rights holders had been informed about the commercial intentions of the project. I would favour a complete rebuild of the models that only draws from works that are either in the public domain or whose rights holders have explicitly opted in to their work being used for commercial models.
Basically, you can't deny rights' holders an ability to opt out, and then say "hey, it's not our fault that you didn't opt out, now we can use your stuff to profit ourselves".
Practically you would have to separate model architecture from weights. Weights are licensed as research use only, while the architecture is the actual scientific contribution. Maybe some instructions on best train the model.
Only problem is that you can't really prove if someone just retrained research weights or trained from scratch using randomized weights. Also certain alterations to the architecture are possible, so only the "headless" models are used.
I think there's some research into detecting retraining, but I can imagine it's not fool proof.