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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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What constitutes fair use?
17 U.S.C. § 107
Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.
GenAI training, at least regarding art, is neither criticism, comment, news reporting scholarship, nor research.
AI training is not done by scientists but engineers of a corporative entity with a long term profit goal.
So, by elimination, we can conclude that none of the purposes covered by the fair use doctrine apply to Generative AI training.
Q.E.D.
it is pretty obviously scholarship and research
It is pretty obviously Research and Development of a commercial product in many cases. Not fair use.
So fair use if it's an opensource model?
there is no stipulation that the research must be non-profit.
woosh