On being listed as an artist whose work was used to train Midjourney

Re:On being listed as an artist whose work was used to train... by munchler on Tuesday January 16, 2024 @02:17PM (#39017635)

I think it makes a difference, because it shifts the burden of proof. If fair use is a kind of infringement, then it’s up to the “infringer” to prove fair use. I think that’s ethically and legally backwards: the copyright holder should have to prove that the use was not fair.

[ Parent | on HN ]

Re:On being listed as an artist whose work was used to train... by ska on Tuesday January 16, 2024 @02:39PM (#39017972)

Ethics aside, and again US specific, but the supreme court literally defines it as an affirmative defence.

Even this is a bit murky though, as a district court has argued it goes beyond that.

[ Parent | on HN ]