mlsanityData to 14 Oct 2026

We Should Separate Memorization from Copyright

arXiv 2602.08632 ↗First posted 9 Feb 2026cs.CY cs.AI cs.CLcited by 0

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Abstract (arXiv)

The widespread use of foundation models has introduced a new risk factor of copyright issue. This issue is leading to an active, lively and on-going debate amongst the data-science community as well as amongst legal scholars. Where claims and results across both sides are often interpreted in different ways and leading to different implications. Our position is that much of the technical literature relies on traditional reconstruction techniques that are not designed for copyright analysis. As a result, memorization and copying have been conflated across both technical and legal communities and in multiple contexts. We argue that memorization, as commonly studied in data science, should not be equated with copying and should not be used as a proxy for copyright infringement. We distinguish technical signals that meaningfully indicate infringement risk from those that instead reflect lawful generalization or high-frequency content. Based on this analysis, we advocate for an output-level, risk-based evaluation process that aligns technical assessments with established copyright standards and provides a more principled foundation for research, auditing, and policy.

Key facts. No citing papers in the map yet (data through 14 Oct 2026). Builds on 27 of its 74 references that are in the map. First posted on arXiv 9 Feb 2026.

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References · 27

  1. 2020Extracting Training Data from Large Language Modelscited by 2,189
  2. 2018The Secret Sharer: Evaluating and Testing Unintended Memorization in Neural Networkscited by 864
  3. 2023Extracting Training Data from Diffusion Modelscited by 732
  4. 2019Does Learning Require Memorization? A Short Tale about a Long Tailcited by 460
  5. 2023Scalable Extraction of Training Data from (Production) Language Modelscited by 434
  6. 2022Diffusion Art or Digital Forgery? Investigating Data Replication in Diffusion Modelscited by 424
  7. 2017Information-theoretic analysis of generalization capability of learning algorithmscited by 303
  8. 2023Speak, Memory: An Archaeology of Books Known to ChatGPT/GPT-4cited by 125
  9. 2023Copyright Violations and Large Language Modelscited by 108
  10. 2020When is Memorization of Irrelevant Training Data Necessary for High-Accuracy Learning?cited by 104
  11. 2019From voxels to pixels and back: Self-supervision in natural-image reconstruction from fMRIcited by 67
  12. 2022Understanding Transformer Memorization Recall Through Idiomscited by 62
15 more
  1. 2016Neural Encoding and Decoding with Deep Learning for Dynamic Natural Visioncited by 60
  2. 2024Evaluating Copyright Takedown Methods for Language Modelscited by 43
  3. 2024CopyBench: Measuring Literal and Non-Literal Reproduction of Copyright-Protected Text in Language Model Generationcited by 35
  4. 2025Extracting memorized pieces of (copyrighted) books from open-weight language modelscited by 30
  5. 2023Can Copyright be Reduced to Privacy?cited by 24
  6. 2024Fantastic Copyrighted Beasts and How (Not) to Generate Themcited by 24
  7. 2024The Files are in the Computer: On Copyright, Memorization, and Generative AIcited by 21
  8. 2024Exploring Memorization and Copyright Violation in Frontier LLMs: A Study of the New York Times v. OpenAI 2023 Lawsuitcited by 18
  9. 2023Information Theoretic Lower Bounds for Information Theoretic Upper Boundscited by 17
  10. 2024LLMs and Memorization: On Quality and Specificity of Copyright Compliancecited by 16
  11. 2024Measuring Copyright Risks of Large Language Model via Partial Information Probingcited by 9
  12. 2024Tackling Copyright Issues in AI Image Generation Through Originality Estimation and Genericizationcited by 6
  13. 2025Trade-offs in Data Memorization via Strong Data Processing Inequalitiescited by 6
  14. 2024Not Every Image is Worth a Thousand Words: Quantifying Originality in Stable Diffusioncited by 4
  15. 2025Reconstructing Template-Memorized Images from Natural Promptscited by 1

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