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 10 months ago by [email protected] to c/[email protected]
100 comments fedilink hide all child comments
 

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] 3 points 10 months ago (1 children)

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.

[–] [email protected] 11 points 10 months ago

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.

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.