It's reasonably likely, but not yet settled, that LLM training falls under fair use and doesn't require a license.
I would say it's not reasonably likely that LLM training is fair use. Because I've read the most recent SCOTUS decision on fair use (Warhol), and enough other decisions on fair use, to understand that the primary (and nearly only, in practice) factor is the effect on the market for the original. And AI companies seem to be going out of their way to emphasize that LLM training is only going to destroy the market for the originals, which weighs against fair use. Not to mention the existence of deals licensing content for LLM training which... basically concedes the point.
Of the various options, a ruling that LLM training is fair use I find the least likely. More likely is either that LLM training is not fair use, that LLM training is not infringing in the first place, or that the plaintiffs can't prove that the LLM infringed their work.
I do not read it that way at all. The Goldsmith decision mainly turns on the idea that an artist protections include that for derivative works. Warhol produced a work that does substantially the same things as Goldsmith's, ie, is a picture that can be viewed.
When talking about parody, they note that the usage as the foundation for parody is always substantially different from the original and thereby allowed, even if it would otherwise infringe. LLMs are always substantially different from the original, too.
If I want to write software that draws that picture exactly, the code would not be a copyright violation. It is text and cannot be printed in a magazine as a picture. If I used it to print a picture that was a derivative work and sold that, it might be.
A large language model has no intersection with the picture or, for that matter, anything that it absorbs. It is possible that someone might figure out how to prompt it to do exactly the same picture as Goldsmith did but fairly unlikely.
Unless you could show that this was easy, common and part of the intent of the LLM creator, I can see no possibility that it is infringing.
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I would say it's not reasonably likely that LLM training is fair use. Because I've read the most recent SCOTUS decision on fair use (Warhol), and enough other decisions on fair use, to understand that the primary (and nearly only, in practice) factor is the effect on the market for the original. And AI companies seem to be going out of their way to emphasize that LLM training is only going to destroy the market for the originals, which weighs against fair use. Not to mention the existence of deals licensing content for LLM training which... basically concedes the point.
Of the various options, a ruling that LLM training is fair use I find the least likely. More likely is either that LLM training is not fair use, that LLM training is not infringing in the first place, or that the plaintiffs can't prove that the LLM infringed their work.
I do not read it that way at all. The Goldsmith decision mainly turns on the idea that an artist protections include that for derivative works. Warhol produced a work that does substantially the same things as Goldsmith's, ie, is a picture that can be viewed.
When talking about parody, they note that the usage as the foundation for parody is always substantially different from the original and thereby allowed, even if it would otherwise infringe. LLMs are always substantially different from the original, too.
If I want to write software that draws that picture exactly, the code would not be a copyright violation. It is text and cannot be printed in a magazine as a picture. If I used it to print a picture that was a derivative work and sold that, it might be.
A large language model has no intersection with the picture or, for that matter, anything that it absorbs. It is possible that someone might figure out how to prompt it to do exactly the same picture as Goldsmith did but fairly unlikely.
Unless you could show that this was easy, common and part of the intent of the LLM creator, I can see no possibility that it is infringing.