4 ms·
> Fair use is an admission of copyright violation. If this is your starting point, you should probably look for new lawyers. It's an admission to copying when
by Ukv 3y ago
> Fair use is an admission of copyright violation. If this is your starting point, you should probably look for new lawyers.
It's an admission to copying when there's a prima facie case of copyright infringement, but wouldn't generally be considered actual infringement if the fair use defense is successful. It's perfectly fine to rely on fair use - we'll have to wait and see how it applies to machine learning, but it's not some obscure implausible theory.
> In any case, exact reproduction of the full novels as part of a dataset is of course not covered by fair use
It definitely can be. Consider in Authors Guild v. Google, where Google copied millions of in-copyright books, stored them internally in full, and made them accessible as snippets: "verbatim intermediate copying has consistently been upheld as fair use if the copy is ‘not reveal[ed] . . . to the public.’"