Hacker News with Generative AI: Fair Use

Training AI Using 'Pirated' Content Can Be Fair Use, Law Professors Argue (torrentfreak.com)
A group of prominent intellectual property law professors has weighed in on the high-stakes AI copyright battle between several authors and Meta. In an amicus brief, the scholars argue that using copyrighted content as training data can be considered fair use under U.S. copyright law, if the goal is to create a new and 'transformative' tool. This suggests that fair use could potentially apply to Meta's training process, even if the underlying data was obtained without permission.
Suchir's Essay on Fair Use (suchir.net)
While generative models rarely produce outputs that are substantially similar to any of their training inputs, the process of training a generative model involves making copies of copyrighted data. If these copies are unauthorized, this could potentially be considered copyright infringement, depending on whether or not the specific use of the model qualifies as “fair use”. Because fair use is determined on a case-by-case basis, no broad statement can be made about when generative AI qualifies for fair use.
When does generative AI qualify for fair use? (suchir.net)
While generative models rarely produce outputs that are substantially similar to any of their training inputs, the process of training a generative model involves making copies of copyrighted data. If these copies are unauthorized, this could potentially be considered copyright infringement, depending on whether or not the specific use of the model qualifies as “fair use”. Because fair use is determined on a case-by-case basis, no broad statement can be made about when generative AI qualifies for fair use.
Hachette vs. Internet Archive: We're Still Fighting for Fair Use (libraryfutures.net)
The Second District Court of New York delivered a blow to fair use in the Hachette v. Internet Archive case, finding in favor of the plaintiffs on all four factors and upholding the lower court’s decision.
Fair Source licensing is the worst thing to happen to open source-definitely ma (2016) (archive.org)
Jimmy Kimmel's Use of George Santos' Cameo Videos Found to Be Fair Use (techdirt.com)
Federal Appeals Court Rules Fair Use May Be Narrowed to Serve Hollywood Profits (eff.org)
Win for copyright user rights in Canada: Digital locks do not trump fair dealing (michaelgeist.ca)
The Copier Wars: Fair Use's Rude Awakening (newart.press)