The Files are in the Computer: On Copyright, Memorization, and Generative AI
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Abstract (arXiv)
The New York Times's copyright lawsuit against OpenAI and Microsoft alleges OpenAI's GPT models have "memorized" NYT articles. Other lawsuits make similar claims. But parties, courts, and scholars disagree on what memorization is, whether it is taking place, and what its copyright implications are. These debates are clouded by ambiguities over the nature of "memorization." We attempt to bring clarity to the conversation. We draw on the technical literature to provide a firm foundation for legal discussions, providing a precise definition of memorization: a model has "memorized" a piece of training data when (1) it is possible to reconstruct from the model (2) a near-exact copy of (3) a substantial portion of (4) that piece of training data. We distinguish memorization from "extraction" (user intentionally causes a model to generate a near-exact copy), from "regurgitation" (model generates a near-exact copy, regardless of user intentions), and from "reconstruction" (the near-exact copy can be obtained from the model by any means). Several consequences follow. (1) Not all learning is memorization. (2) Memorization occurs when a model is trained; regurgitation is a symptom not its cause. (3) A model that has memorized training data is a "copy" of that training data in the sense used by copyright. (4) A model is not like a VCR or other general-purpose copying technology; it is better at generating some types of outputs (possibly regurgitated ones) than others. (5) Memorization is not a phenomenon caused by "adversarial" users bent on extraction; it is latent in the model itself. (6) The amount of training data that a model memorizes is a consequence of choices made in training. (7) Whether or not a model that has memorized actually regurgitates depends on overall system design. In a very real sense, memorized training data is in the model--to quote Zoolander, the files are in the computer.
Key facts. Cited by 21 papers in the map (data through 14 Oct 2026). First posted on arXiv 19 Apr 2024.
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Citing papers per year: 2024: 6; 2025: 8; 2026: 7.
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- 2024Undesirable Memorization in Large Language Models: A Surveycited by 29
- 2026Extracting books from production language modelscited by 17
- 2024Machine Unlearning Doesn't Do What You Think: Lessons for Generative AI Policy and Researchcited by 15
- 2024Replication in Visual Diffusion Models: A Survey and Outlookcited by 11
- 2025Extracting alignment data in open modelscited by 8
- 2024SIDE: Surrogate Conditional Data Extraction from Diffusion Modelscited by 7
- 2025Position: Bridge the Gaps between Machine Unlearning and AI Regulationcited by 7
- 2025Beyond Data Privacy: New Privacy Risks for Large Language Modelscited by 6
- 2026Alignment Whack-a-Mole : Finetuning Activates Verbatim Recall of Copyrighted Books in Large Language Modelscited by 6
- 2025Machine Learners Should Acknowledge the Legal Implications of Large Language Models as Personal Datacited by 5
- 2024Training Foundation Models as Data Compression: On Information, Model Weights and Copyright Lawcited by 4
- 2025A Law of Data Reconstruction for Random Features (and Beyond)cited by 3
9 more
- 2025A Lightweight Method to Disrupt Memorized Sequences in LLMcited by 2
- 2026Estimating near-verbatim extraction risk in language models with decoding-constrained beam searchcited by 1
- 2026On the Creativity of AI Agentscited by 1
- 2024How To Think About End-To-End Encryption and AI: Training, Processing, Disclosure, and Consentcited by 0
- 2025Auditing Information Disclosure During Large-Scale Gradient-Based Training via Gradient Uniquenesscited by 0
- 2025OpenGloss: A Synthetic Encyclopedic Dictionary and Semantic Knowledge Graphcited by 0
- 2026Responsible AI for General-Purpose Systems: Overview, Challenges, and A Path Forwardcited by 0
- 2026We Should Separate Memorization from Copyrightcited by 0
- 2026Extractable Memorization From First Principlescited by 0
- 2026Extractable Memorization From First Principles14 Jul 2026
- 2026On the Creativity of AI Agents14 Apr 2026
- 2026Estimating near-verbatim extraction risk in language models with decoding-constrained beam search26 Mar 2026
- 2026Alignment Whack-a-Mole : Finetuning Activates Verbatim Recall of Copyrighted Books in Large Language Models21 Mar 2026
- 2026We Should Separate Memorization from Copyright9 Feb 2026
- 2026Responsible AI for General-Purpose Systems: Overview, Challenges, and A Path Forward19 Jan 2026
- 2026Extracting books from production language models6 Jan 2026
- 2025OpenGloss: A Synthetic Encyclopedic Dictionary and Semantic Knowledge Graph23 Nov 2025
- 2025Extracting alignment data in open models21 Oct 2025
- 2025Auditing Information Disclosure During Large-Scale Gradient-Based Training via Gradient Uniqueness13 Oct 2025
- 2025A Law of Data Reconstruction for Random Features (and Beyond)26 Sep 2025
- 2025Beyond Data Privacy: New Privacy Risks for Large Language Models16 Sep 2025
9 more
- 2025Machine Learners Should Acknowledge the Legal Implications of Large Language Models as Personal Data3 Mar 2025
- 2025Position: Bridge the Gaps between Machine Unlearning and AI Regulation18 Feb 2025
- 2025A Lightweight Method to Disrupt Memorized Sequences in LLM7 Feb 2025
- 2024How To Think About End-To-End Encryption and AI: Training, Processing, Disclosure, and Consent28 Dec 2024
- 2024Machine Unlearning Doesn't Do What You Think: Lessons for Generative AI Policy and Research9 Dec 2024
- 2024Undesirable Memorization in Large Language Models: A Survey3 Oct 2024
- 2024SIDE: Surrogate Conditional Data Extraction from Diffusion Models3 Oct 2024
- 2024Training Foundation Models as Data Compression: On Information, Model Weights and Copyright Law18 Jul 2024
- 2024Replication in Visual Diffusion Models: A Survey and Outlook7 Jul 2024
- 2026On the Creativity of AI Agentscited by 1
- 2026On the Creativity of AI Agents14 Apr 2026
- 2024Undesirable Memorization in Large Language Models: A Surveycited by 29
- 2025Extracting alignment data in open modelscited by 8
- 2025Beyond Data Privacy: New Privacy Risks for Large Language Modelscited by 6
- 2025Machine Learners Should Acknowledge the Legal Implications of Large Language Models as Personal Datacited by 5
- 2024Training Foundation Models as Data Compression: On Information, Model Weights and Copyright Lawcited by 4
- 2025A Law of Data Reconstruction for Random Features (and Beyond)cited by 3
- 2025A Lightweight Method to Disrupt Memorized Sequences in LLMcited by 2
- 2026Estimating near-verbatim extraction risk in language models with decoding-constrained beam searchcited by 1
- 2024How To Think About End-To-End Encryption and AI: Training, Processing, Disclosure, and Consentcited by 0
- 2025Auditing Information Disclosure During Large-Scale Gradient-Based Training via Gradient Uniquenesscited by 0
- 2025OpenGloss: A Synthetic Encyclopedic Dictionary and Semantic Knowledge Graphcited by 0
- 2026Responsible AI for General-Purpose Systems: Overview, Challenges, and A Path Forwardcited by 0
12 most cited of 14 All 14 (JSON)
- 2026Extractable Memorization From First Principles14 Jul 2026
- 2026Estimating near-verbatim extraction risk in language models with decoding-constrained beam search26 Mar 2026
- 2026We Should Separate Memorization from Copyright9 Feb 2026
- 2026Responsible AI for General-Purpose Systems: Overview, Challenges, and A Path Forward19 Jan 2026
- 2025OpenGloss: A Synthetic Encyclopedic Dictionary and Semantic Knowledge Graph23 Nov 2025
- 2025Extracting alignment data in open models21 Oct 2025
- 2025Auditing Information Disclosure During Large-Scale Gradient-Based Training via Gradient Uniqueness13 Oct 2025
- 2025A Law of Data Reconstruction for Random Features (and Beyond)26 Sep 2025
- 2025Beyond Data Privacy: New Privacy Risks for Large Language Models16 Sep 2025
- 2025Machine Learners Should Acknowledge the Legal Implications of Large Language Models as Personal Data3 Mar 2025
- 2025A Lightweight Method to Disrupt Memorized Sequences in LLM7 Feb 2025
- 2024How To Think About End-To-End Encryption and AI: Training, Processing, Disclosure, and Consent28 Dec 2024
12 newest of 14 All 14 (JSON)