2 Comments

Generative AI using copyrighted images, like Disney's Mickey Mouse, would violate "Fair use" especially now as these AAi companies are using the sources for commercial purposes. However, the use of text is more problematic as the copyright covers chunks of text and the whole document. But as Masnick has pointed out, viewing source material, such a Mickey Mouse or a NYTimes articles does not violate copyright. If it did, all those links in html would invite copyright violations once clicked.

However, masnick may be going too far. If an LLM produces copy that uses text verbatim, and that text is output for uses such as publishing, that seems to me (uneducated as I am in copyright law) a potential copyright violation. After all, plagiarism is an offence and must be corrected in published works. [You can quote verbatim is teh source is credited].

The greater problem is copyright maximalism, especially by the big media companies that have bought their legislators to keep expanding the length of copyrights well beyond their intended periods.

Expand full comment

Good points Alex. The answers likely somewhere in the middle. Here’s hoping between Judges with attention to detail, and pragmatic settlements , the parties find a way forward with minimal friction for the possibilities. Happy Holidays!

Expand full comment