3 ms·
"Fair Use" is not a thing that an act automatically falls into, it is a blurred line that can be argued in court (see what I did there?) Being that fair use pr
by jazzyjackson 3y ago
"Fair Use" is not a thing that an act automatically falls into, it is a blurred line that can be argued in court (see what I did there?)
Being that fair use provisions in general protect "criticism, comment, news reporting, teaching, scholarship, and research" [0] I really don't see what it has to do with a commercial entity reproducing the content of creative work.
In particular I feel that OpenAI loses in the following test:
"4: Effect of the use upon the potential market for or value of the copyrighted work: Here, courts review whether, and to what extent, the unlicensed use harms the existing or future market for the copyright owner’s original work. In assessing this factor, courts consider whether the use is hurting the current market for the original work (for example, by displacing sales of the original) and/or whether the use could cause substantial harm if it were to become widespread."[0]
FWIW I support the abolition of copyright, but I think OpenAI should be lobbying to change the law if they want to argue that everything is a remix and no one owns their creative work.
[0] https://www.copyright.gov/fair-use/ https://www.copyright.gov/fair-use/