Re:Microsoft will assume liability for legal copyright risks...
by mbreese on Thursday September 07, 2023 @06:25PM
(#37426466)
> you know collages are legal right
Only if it’s sufficiently transformative. There was recently a case that hit the US Supreme Court about this subject regarding an Andy Warhol adaptation of a portrait of Prince [1]. So, in the US, fair use in this regard requires some amount of substantive transformation of the material. But, as we are talking about AI algorithms, there isn’t a person in between the model and the training data. The argument here is whether or not a person is required to make a transformative use of the material (and thus fair use applies). Given that AI generated (and non-human animal generated) works aren’t copyrightable due to the lack of human involvement, I’d wager that any AI use of copyrighted material won’t get fair use protections.
Only if it’s sufficiently transformative. There was recently a case that hit the US Supreme Court about this subject regarding an Andy Warhol adaptation of a portrait of Prince [1]. So, in the US, fair use in this regard requires some amount of substantive transformation of the material. But, as we are talking about AI algorithms, there isn’t a person in between the model and the training data. The argument here is whether or not a person is required to make a transformative use of the material (and thus fair use applies). Given that AI generated (and non-human animal generated) works aren’t copyrightable due to the lack of human involvement, I’d wager that any AI use of copyrighted material won’t get fair use protections.
[1] https://www.eff.org/deeplinks/2023/05/what-supreme-courts-de...