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Fair use is a concept from US law. The article is about German and European law, which differ significantly from US law in that regard.
by diogocp 2y ago
Fair use is a concept from US law.
The article is about German and European law, which differ significantly from US law in that regard.
- ranger_danger 2y agoYes I think fair use should exist in the EU as well.
- falcolas 2y agoWe don't even know in the US whether fair use applies. There are court cases out there which are trying to test those bounds. Personally, I don't think it is. Significant portions of copyrighted works can be re-created, and these models are being leveraged to make money. That makes them unlikely to be fair use. But, I'm not a lawyer nor judge.
- ranger_danger 2y agoI don't think there can be a blanket definition that applies to everything. Just like "inspiration" humans use to create all kinds of art already (even subconsciously), it's a case-by-case analysis, and one judge's subjective opinion, over how significant is too significant, for each creation that is distributed.
- falcolas 2y agoSure. But how many failed cases does it take for OpenAI or Diffusion close their doors? A failed copyright defense can result in a halt on distribution (shut it down while damages are worked out) in addition to fines and lawyer fees.
- ranger_danger 2y agoMy understanding is that those companies are not distributing their own generated content, and that user-submitted ones (if such things are even posted on their own website? I haven't seen much) would fall under Section 230 protections in the US.