Re:Things are about to get a lot worse for Generative AI
by leereeves on Saturday December 30, 2023 @09:28AM
(#38815514)
And it goes on to say "unless such use of copyrighted works unreasonably prejudices the interests of the copyright owner, in light of the nature or purpose of the work or the circumstances of its exploitation in Japan."
Which suggests that when AI art threatens commercial interests, the protection offered by 30-4 can disappear.
To me it sounds like they tried to please everyone and left the hard decisions about conflicting interests to the courts (in particular the courts will have to decide what "unreasonably" means).
“The use of copyrighted products or materials to train generative AI models would be prima facie copyright infringement under the Copyright Act, as it is a reproduction (fukusei) or other form of use of the copyrighted work. However, Article 30-4 of the Copyright Act stipulates that the use of copyrighted works by generative AI for learning purposes is allowed in principle.”