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this post was submitted on 05 Nov 2023
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Technology
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The question should be pretty simple:
Does the AI product output copyrighted material?
If I ask it for the text of Harry Potter, will it give it to me? If I ask it for a copy of a Keith Haring painting, will it give me one? If I ask it to perform Williams's Jurassic Park theme, will it do so?
If it does, it's infringing copyright.
If it does not, it is not.
If it just reads the web and learns from copyrighted material, but carefully refuses to republish or perform that material, it should not be considered to infringe, for the same reasons a human student is not. Artistic styles and literary skills are not copyrightable.
e e cummings doesn't get to forbid everyone else from writing in lowercase.
(Some generations of ChatGPT won't even recite Shakespeare, due to overzealous copyright filters that fail to correctly count it as public domain. The AI folks are trying!)
What’ll be interesting is when people start asking, “write a song in the style of Marvin Gaye” given the ruling against Robin Thicke a few years back, since that was about the style of the song hedging too closely to Gaye’s output (edit for clarity)
The issue is still the output, not the model itself.
Just like a gun.