It wouldn't matter, because derivative works require permission. But I don't think anyone's really made a compelling case that OpenAI is actually making directly derivative work.
The stronger argument is that LLM's are making transformational work, which is normally fair use, but should still require some form of compensation given the scale of it.
Her lawsuit doesn't say that. It says,
when ChatGPT is prompted, ChatGPT generates summaries of Plaintiffs’ copyrighted works—something only possible if ChatGPT was trained on Plaintiffs’ copyrighted works
That's an absurd claim. ChatGPT has surely read hundreds, perhaps thousands of reviews of her book. It can summarize it just like I can summarize Othello, even though I've never seen the play.
I haven't been able to reproduce that, and at least so far, I haven't seen any very compelling screenshots of it that actually match. Usually it just generates text, but that text doesn't actually match.
If you say “AI read my book and output a similar story, you owe me money” then how is that different from “Joe read my book and wrote a similar story, you owe me money.”
You're bounded by the limits of your flesh. AI is not. The $12 you spent buying a book at Barns & Noble was based on the economy of scarcity that your human abilities constrain you to.
It's hard to say that the value proposition is the same for human vs AI.
A better comparison would probably be sampling. Sampling is fair use in most of the world, though there are mixed judgments. I think most reasonable people would consider the output of ChatGPT to be transformative use, which is considered fair use.
No, it isn't. There are enumerated rights a copyright grants the holder a monopoly over. They are reproduction, derivative works, public performances, public displays, distribution, and digital transmission.
Commercial vs non-commercial has nothing to do with it, nor does field of endeavor. And aside from the granted monopoly, no other rights are granted. A copyright does not let you decide how your work is used once sold.
I don't know where you guys get these ideas.
The published summary is open to fair use by web crawlers. That was settled in Perfect 10 v Amazon.
Derivative and transformative are quite different though.
I very much agree.
The thing is, copyright isn't really well-suited to the task, because copyright concerns itself with who gets to, well, make copies. Training an AI model isn't really making a copy of that work. It's transformative.
Should there be some kind of new model of renumeration for creators? Probably. But it should be a compulsory licensing model.
It's a worldwide phenomena. The "Big Dig" is a great example of urban space reclaimed from above-grade highways.