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.
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.