The standards applied are exactly the same regardless of what tools are used. It doesn't matter if you're talking about a dumb AI, a general purpose AI, or a Xerox machine.
The reason someone walking down the street and humming a song is not a violation is because it very clearly meets all of the tests in section 107.
The biggest problem with feeding stuff through a black box like an LLM is it isn't easy for a human to determine how close the result is to the original. An LLM could act like a Xerox machine, and it won't tell you.
I think this conversion has corrected some misgivings I had about the AI copyright argument. My takeaway is;
Possession copyright material is not inherently infringing on a copyright. Disseminating copyright material is unless you meet section 107. AI runs afoul of section 107 when it verbatim shares copyright material from its dataset without attribution.
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The standards applied are exactly the same regardless of what tools are used. It doesn't matter if you're talking about a dumb AI, a general purpose AI, or a Xerox machine.
If you want an exception to copyright, you're going to want to start looking at a section 107 (of the copyright act) exception: https://www.copyright.gov/title17/92chap1.html#107
The reason someone walking down the street and humming a song is not a violation is because it very clearly meets all of the tests in section 107.
The biggest problem with feeding stuff through a black box like an LLM is it isn't easy for a human to determine how close the result is to the original. An LLM could act like a Xerox machine, and it won't tell you.
I think this conversion has corrected some misgivings I had about the AI copyright argument. My takeaway is;
Possession copyright material is not inherently infringing on a copyright. Disseminating copyright material is unless you meet section 107. AI runs afoul of section 107 when it verbatim shares copyright material from its dataset without attribution.
Technically, the AI doesn't run afoul. The person disseminating the copyrighted material does.