Editorial Board, The Washington Post; How to tell when AI models infringe copyright
"Fair use has been a big part of AI companies’ defense. No matter how well a plaintiff manages to argue that a given AI model infringes copyright, the AI maker can usually point to the doctrine of fair use, which requires consideration of multiple factors, including the purpose of the use (here, criticism, comment and research are favored) and the effect of the use on the marketplace. If, in using a copied work, an AI model adds “something new,” it is probably in the clear."
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