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suchir.net/fair_use.html

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While generative models rarely produce outputs that are substantially similar to any of their training inputs, the process of training a generative model involves making copies of copyrighted data. If these copies are unauthorized, this could potentially be considered copyright infringement, depending on whether or not the specific use of the model qualifies as “fair use”. Because fair use is determined on a case-by-case basis, no broad statement can be made about when generative AI qualifies for fair use. Instead, I’ll provide a specific analysis for ChatGPT’s use of its training data, but the same basic template will also apply for many other generative AI products. Fair use is defined in Section 107 of the Copyright Act of 1976, which I’ll quote verbatim below: Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as c

When does generative AI qualify for fair use? Suchir Balaji 10/23/24 While generative models rarely produce outputs that are substantially similar to any of their training inputs, the process of training a generative model involves making copies of copyrighted data. If these copies are unauthorized, this could potentially be considered copyright infringement, depending on whether or not the specific use of the model qualifies as "fair use". Because fair use is determined on a case-by-case basis, no broad statement can be made about when generative AI qualifies for fair use. Instead, I'll provi

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