Re:On being listed as an artist whose work was used to train...
by williamcotton on Wednesday January 17, 2024 @11:35PM
(#39037899)
In sum, we conclude that:
1. Google's unauthorized digitizing of copyright-protected works, creation of a search functionality, and display of snippets from those works are non-infringing fair uses. The purpose of the copying is highly transformative, the public display of text is limited, and the revelations do not provide a significant market substitute for the protected aspects of the originals. Google's commercial nature and profit motivation do not justify denial of fair use.
2. Google's provision of digitized copies to the libraries that supplied the books, on the understanding that the libraries will use the copies in a manner consistent with the copyright law, also does not constitute infringement.
Nor, on this record, is Google a contributory infringer.
Focus on the protected aspects of the originals. This would be their expressions. Unless an LLM is reproducing the exact expression and not merely the idea, then there is no market substitute. The market substitute for a Picasso painting is the facsimile of one of Picasso's actual paintings, not just some other cubist artwork.
1. Google's unauthorized digitizing of copyright-protected works, creation of a search functionality, and display of snippets from those works are non-infringing fair uses. The purpose of the copying is highly transformative, the public display of text is limited, and the revelations do not provide a significant market substitute for the protected aspects of the originals. Google's commercial nature and profit motivation do not justify denial of fair use.
2. Google's provision of digitized copies to the libraries that supplied the books, on the understanding that the libraries will use the copies in a manner consistent with the copyright law, also does not constitute infringement. Nor, on this record, is Google a contributory infringer.
Focus on the protected aspects of the originals. This would be their expressions. Unless an LLM is reproducing the exact expression and not merely the idea, then there is no market substitute. The market substitute for a Picasso painting is the facsimile of one of Picasso's actual paintings, not just some other cubist artwork.