Those claiming AI training on copyrighted works is “theft” misunderstand key aspects of copyright law and AI technology. Copyright protects specific expressions of ideas, not the ideas themselves. When AI systems ingest copyrighted works, they’re extracting general patterns and concepts - the “Bob Dylan-ness” or “Hemingway-ness” - not copying specific text or images.
This process is akin to how humans learn by reading widely and absorbing styles and techniques, rather than memorizing and reproducing exact passages. The AI discards the original text, keeping only abstract representations in “vector space”. When generating new content, the AI isn’t recreating copyrighted works, but producing new expressions inspired by the concepts it’s learned.
This is fundamentally different from copying a book or song. It’s more like the long-standing artistic tradition of being influenced by others’ work. The law has always recognized that ideas themselves can’t be owned - only particular expressions of them.
Moreover, there’s precedent for this kind of use being considered “transformative” and thus fair use. The Google Books project, which scanned millions of books to create a searchable index, was ruled legal despite protests from authors and publishers. AI training is arguably even more transformative.
While it’s understandable that creators feel uneasy about this new technology, labeling it “theft” is both legally and technically inaccurate. We may need new ways to support and compensate creators in the AI age, but that doesn’t make the current use of copyrighted works for AI training illegal or unethical.
For those interested, this argument is nicely laid out by Damien Riehl in FLOSS Weekly episode 744. https://twit.tv/shows/floss-weekly/episodes/744
Also, ingredients to a recipe aren’t covered under copyright law.
ingredients to a recipe may well be subject to copyright, which is why food writers make sure their recipes are “unique” in some small way. Enough to make them different enough to avoid accusations of direct plagiarism.
E: removed unnecessary snark
In what country is that?
Under US law, you cannot copyright recipes. You can own a specific text in which you explain the recipe. But anyone can write down the same ingredients and instructions in a different way and own that text.
Keep in my that “ingredients to a recipe” here refers to the literal physical ingredients, based on the context of the OP (where a sandwich shop owner can’t afford to pay for their cheese).
While you can’t copyright a recipe, you can patent the ingredients themselves, especially if you had a hand in doing R&D to create it. See PepsiCo sues four Indian farmers for using its patented Lay’s potatoes.
No, you cannot patent an ingredient. What you can do - under Indian law - is get “protection” for a plant variety. In this case, a potato.
That law is called Protection of Plant Varieties and Farmers’ Rights Act, 2001. The farmer in this case being PepsiCo, which is how they successfully sued these 4 Indian farmers.
Farmers’ Rights for PepsiCo against farmers. Does that seem odd?
I’ve never met an intellectual property freak who didn’t lie through his teeth.
I think there is some confusion here between copyright and patent, similar in concept but legally exclusive. A person can copyright the order and selection of words used to express a recipe, but the recipe itself is not copy, it can however fall under patent law if proven to be unique enough, which is difficult to prove.
So you can technically own the patent to a recipe keeping other companies from selling the product of a recipe, however anyone can make the recipe themselves, if you can acquire it and not resell it. However that recipe can be expressed in many different ways, each having their own copyright.