OpenAI now tries to hide that ChatGPT was trained on copyrighted books, including J.K. Rowling’s Harry Potter series::A new research paper laid out ways in which AI developers should try and avoid showing LLMs have been trained on copyrighted material.
if it’s being done for profit, and fair use requires it to provide commentary, criticism, or parody of the original work used. Even if it’s transformative enough to make the original unrecognizable
I’m going to need a source for that. Fair use is a flexible and context-specific, It depends on the situation and four things: why, what, how much, and how it affects the work. No one thing is more important than the others, and it is possible to have a fair use defense even if you do not meet all the criteria of fair use.
I’m a bit confused about what point you’re trying to make. There is not a single paragraph or example in the link you provided that doesn’t support what I’ve said, and none of the examples provided in that link are something that qualified as fair use despite not meeting any criteria. In fact one was the opposite, as something that met all the criteria but still didn’t qualify as fair use.
The key aspect of how they define transformative is here:
Has the material you have taken from the original work been transformed by adding new expression or meaning?
These (narrow) AIs cannot add new expression or meaning, because they do not have intent. They are just replicating and rearranging learned patterns mindlessly.
Was value added to the original by creating new information, new aesthetics, new insights, and understandings?
These AIs can’t provide new information because they can’t create something new, they can only reconfigure previously provided info. They can’t provide new aesthetics for the same reason, they can only recreate pre-existing aesthetics from the works fed to them, and they definitely can’t provide new insights or understandings because again, there is no intent or interpretation going on, just regurgitation.
The fact that it’s so strict that even stuff that meets all the criteria might still not qualify as fair use only supports what I said about how even derivative works made by humans are subject to a lot of laws and regulations, and if human works are under that much scrutiny then there’s no reason why AI works shouldn’t also be under at least as much scrutiny or more. The fact that so much of fair use defense is dependent on having intent, and providing new meaning, insights, and information, is just another reason why AI can’t hide behind fair use or be given a pass automatically because “humans make derivative works too”. Even derivative human works are subject to scrutiny, criticism, and regulation, and so should AI works.
I’m a bit confused about what point you’re trying to make. There is not a single paragraph or example in the link you provided that doesn’t support what I’ve said, and none of the examples provided in that link are something that qualified as fair use despite not meeting any criteria. In fact one was the opposite, as something that met all the criteria but still didn’t qualify as fair use.
You said "…fair use requires it to provide commentary, criticism, or parody of the original work used. " This isn’t true, if you look at the summaries of fair use cases I provided you can see there are plenty of cases where there was no purpose stated.
These (narrow) AIs cannot add new expression or meaning, because they do not have intent. They are just replicating and rearranging learned patterns mindlessly.
You’re anthropomorphizing a machine here, the intent is that of the person using the tool, not the tool itself. These are tools made by humans for humans to use. It’s up to the artist to make all the content choices when it comes to the input and output and everything in between.
These AIs can’t provide new information because they can’t create something new, they can only reconfigure previously provided info. They can’t provide new aesthetics for the same reason, they can only recreate pre-existing aesthetics from the works fed to them, and they definitely can’t provide new insights or understandings because again, there is no intent or interpretation going on, just regurgitation.
I’m going to need a source on this too. This statement isn’t backed up with anything.
The fact that it’s so strict that even stuff that meets all the criteria might still not qualify as fair use only supports what I said about how even derivative works made by humans are subject to a lot of laws and regulations, and if human works are under that much scrutiny then there’s no reason why AI works shouldn’t also be under at least as much scrutiny or more. The fact that so much of fair use defense is dependent on having intent, and providing new meaning, insights, and information, is just another reason why AI can’t hide behind fair use or be given a pass automatically because “humans make derivative works too”. Even derivative human works are subject to scrutiny, criticism, and regulation, and so should AI works.
AI works are human works. AI can’t be authors or hold copyright.
