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Training Generative AI Models on Copyrighted Works Is Fair Use - Change My Mind
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this post was submitted on 23 Jan 2024
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here's a sidechannel attack on your position: every use, even infringing uses, are fair use until adjudicated, because what fair use means is that a court has agreed that your infringing use is allowed. so of course ai training (broadly) is always fair use. but particular instances of ai training may be found to not be fair use, and so we can't be sure that you are always going to be right (for the specific ai models that may come into question legally).
"Its perfectly legal unless you get caught!"
Considering most copyright cases come down to the individual judge's decision, essentially yes
I am no lawyer, but I suspect what will be considered either fair use or infringing will probably depend on how the programmed AI model is used.
For example, if you train it on a book of poetry, asking it questions about the poetry will probably be considered fair use. If you ask the AI to write poetry in the style of the book's poems and you publish the AI's poetry, I suspect it might be considered laundering copyright and infringing. Especially if it is substantially similar to specific poems in the book.
is the image of a cabin in a snowy landscape copyrighted by Thomas kinkade? fuck no. That's an idea. ideas can't be copyrighted. a style isn't a discreet work. it is an idea. it can't be copyrighted. if I produce something in the style of Keats or Stephen King or Rowling, they can't sue me for copyright unless I make a substantially infringing use of their work. The style isn't sufficient, because the style can't be copyrighted.