4 ms·

Fair use.

griomnib 2y ago
Easy to claim, harder to justify once you start charging money for your subsequent creation. Unless all LLM are a ruthless parody of human intelligence, which they may be, the legal issues will continue.
dijksterhuis 2y ago
*only available in the USA, terms and conditions apply. most other places use fair dealing which is more restrictive https://en.m.wikipedia.org/wiki/Fair_dealing https://en.m.wikipedia.org/wiki/Fair_dealing
bayindirh 2y ago
The moment you earn money from it, that's not fair use anymore. When I last checked, unlimited access to said models were not free, plus it's not "research" anymore. - Addenda - For the interested parties, the law states the following [0]. Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include: 1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; 2. the nature of the copyrighted work; 3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and 4. the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors So, if you say that these factors can be flexed depending on the defendant, and can be just waved away to protect the wealthy, then it becomes something else, but given these factors, and how damaging this "fair use" is, I can certainly say that training AI models with copyrighted corpus is not fair use in any way. Of course at the end of the day, IANAL & IANAJ. However, my moral compass directly bars use of copyrighted corpus in publicly accessible, for profit models which undermine many people of their livelihoods. From my perspective, people can whitewash AI training as they see fit to sleep sound at night, but this doesn't change anything from my PoV. [0]: https://en.wikipedia.org/wiki/Fair_use#U.S._fair_use_factors https://en.wikipedia.org/wiki/Fair_use#U.S._fair_use_factors
- xvector 2y ago
  You can absolutely monetize works altered under fair use.
  - bayindirh 2y ago
    Any examples sans current AI models? I have not seen any, or failed to find any, to precise.
    - xvector 2y ago
      Basically any YouTube video that shows another YouTube video, song, movie, etc. as part of something else (eg a voiceover.)
- o11c 2y ago
  "Making money" does not immediately invalidate fair use, but it does wave a big red flag in the courts' faces.
  - bayindirh 2y ago
    So you say that, every law is a suggestion depending who's being tried?
    - o11c 2y ago
      Er, what? I'm speaking directly from the law, 17 U.S.C. § 107. It's deliberately written in terms of "factors to consider", rather than absolutes. > In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include: > * the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; > * the nature of the copyrighted work; > * 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.
  - 2y ago

Fair use.

Easy to claim, harder to justify once you start charging money for your subsequent creation. Unless all LLM are a ruthless parody of human intelligence, which they may be, the legal issues will continue.

dijksterhuis 2y ago

*only available in the USA, terms and conditions apply. most other places use fair dealing which is more restrictive https://en.m.wikipedia.org/wiki/Fair_dealing https://en.m.wikipedia.org/wiki/Fair_dealing

bayindirh 2y ago

The moment you earn money from it, that's not fair use anymore. When I last checked, unlimited access to said models were not free, plus it's not "research" anymore. - Addenda - For the interested parties, the law states the following [0]. Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include: 1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; 2. the nature of the copyrighted work; 3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and 4. the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors So, if you say that these factors can be flexed depending on the defendant, and can be just waved away to protect the wealthy, then it becomes something else, but given these factors, and how damaging this "fair use" is, I can certainly say that training AI models with copyrighted corpus is not fair use in any way. Of course at the end of the day, IANAL & IANAJ. However, my moral compass directly bars use of copyrighted corpus in publicly accessible, for profit models which undermine many people of their livelihoods. From my perspective, people can whitewash AI training as they see fit to sleep sound at night, but this doesn't change anything from my PoV. [0]: https://en.wikipedia.org/wiki/Fair_use#U.S._fair_use_factors https://en.wikipedia.org/wiki/Fair_use#U.S._fair_use_factors

xvector 2y ago
You can absolutely monetize works altered under fair use.
- bayindirh 2y ago
  Any examples sans current AI models? I have not seen any, or failed to find any, to precise.
  - xvector 2y ago
    Basically any YouTube video that shows another YouTube video, song, movie, etc. as part of something else (eg a voiceover.)
o11c 2y ago
"Making money" does not immediately invalidate fair use, but it does wave a big red flag in the courts' faces.
- bayindirh 2y ago
  So you say that, every law is a suggestion depending who's being tried?
  - o11c 2y ago
    Er, what? I'm speaking directly from the law, 17 U.S.C. § 107. It's deliberately written in terms of "factors to consider", rather than absolutes. > In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include: > * the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; > * the nature of the copyrighted work; > * 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.
- 2y ago