3 ms·
Fair use is a judgement. Fair use is an affirmative defense (admitting guilt, but saying you should be allowed to, like self defense.) A judge looks at the wo
by basch 4y ago
Fair use is a judgement. Fair use is an affirmative defense (admitting guilt, but saying you should be allowed to, like self defense.) A judge looks at the work and the framework and decides if fair use is an acceptable defense to infringement.
Given most of what we are talking about would fall under the output being used commercially, lets look at the end of of fair use test.
> the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
>the effect of the use upon the potential market for or value of the copyrighted work.
Unless your opponent is using a model exclusively trained on Twilight to output a Twilight sequel before you the author, you are going to have a have a hard time saying they used a large part of your work and that it directly displaces a sale of your work.
A collage of word samples from millions of works is going to fall under fair use. If the model did a good enough job of compressing your work in its entirety, and it outputs that copy, you might have a case.