this post was submitted on 14 Dec 2024
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I think you’re using the word fact in two senses here.
I am making an argument that ChatGPT and other AI models were created by copyrighted works and my “proof” is the “fact” that it can reproduce those works verbatim or state facts about them that can be derived from nowhere else but in the original copyrighted work or a derivative copyrighted work that used the original under fair use.
Now, the question is — is it fair use under copyright law, for AI models to be built with copyrighted materials?
If it is considered fair use, I’m guessing it would have a chilling effect on human creativity given that no creator can guarantee themselves a living if their style of works can be reproduced so cheaply without them once AI has been trained using their works as inputs. So, it would then become necessary to revisit copyright law to redefine fair use such that we don’t discourage creators. AI can only really “remix” what it has seen before. If nothing new is being created because AI has killed all incentive to make new things, it will stagnate and degrade.