Re:NY Times copyright suit wants OpenAI to delete all GPT in...
by semiquaver on Thursday December 28, 2023 @01:45PM
(#38796963)
Yes. Warhol is an example where the commercial nature of the secondary use was the deciding factor in its failure to pass the purpose prong.
(P4). It’s very likely that a noncommercial secondary use would have passed under the reasoning in Warhol. I don’t understand the point you’re trying to make.
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Re:NY Times copyright suit wants OpenAI to delete all GPT in...
by freejazz on Thursday December 28, 2023 @06:09PM
(#38799892)
Read what you quoted - the commerciality of the use comes after whether or not the use was transformational. That's the entire of point Warhol - when the use is not transformational, there is very little space for a commercial fair use.