this post was submitted on 23 Jan 2024
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47
Training Generative AI Models on Copyrighted Works Is Fair Use - Change My Mind (mastodon.lawprofs.org)
submitted 9 months ago by [email protected] to c/[email protected]
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I fucked with the title a bit. What i linked to was actually a mastodon post linking to an actual thing. but in my defense, i found it because cory doctorow boosted it, so, in a way, i am providing the original source here.

please argue. please do not remove.

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[–] [email protected] 14 points 9 months ago (19 children)

Selling an AI model (or usage of that model) that allows for producing works that are clearly based upon those copyrighted works and would be considered copyright infringement if a person did the same thing is not fair use.

If a person creating the same thing as generative AI would be infringing, then it isn't magically not infringing because it is on the internet or done by a program. Basically, AI needs to follow the same rules and restrictions as a person would. That does mean that the AI also needs to be trained to not create copyright infringing works if the use of the AI is being sold.

As a downloadable model that anyone can use at no cost? Sure, whatever is fine. Then it is on the person who uses it and tries to infringe. But if someone pays a company to use their AI to create infringing work, that is on the company and they are just as at fault as if they sold T shirts that infringed on copyright.

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