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Will eBook Ruling Impact Fair Use Analysis for Generative AI?

Intellectual Property Law Blog

Scanning books to create a searchable database of books constitutes fair use. Scanning books to create eBooks does not. Will scanning images (or other copyright-protected content) to create a generative AI model for use in creating images be deemed fair use? In Authors Guild v.

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Internet Archive: Digital Lending is Fair Use, Not Copyright Infringement

TorrentFreak

In 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House sued the Internet Archive (IA) for copyright infringement, equating its ‘Open Library’ to a pirate site. IA’s library is a non-profit operation that scans physical books, which can then be lent out to patrons in an ebook format.

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The Generative AI Fair Use Defense Under Google Books

The Illusion of More

Goldsmith restored what many of us view as common sense to the fair use doctrine of transformativeness, the flurry of litigation against AI developers will test the same principle in a different light.

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Authors: OpenAI’s Fair Use Argument in Copyright Dispute is Misplaced

TorrentFreak

The new technology also brings up novel copyright issues. For example, several rightsholders are worried that their work is being used to train and exploit AI without any form of compensation. According to the plaintiffs, large language model training sets shouldn’t be permitted to use every piece of text they come across online.

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Copyright Fair Use for Education

IP and Legal Filings

Fair use provides some exceptions to copyright protection, allowing limited use of copyrighted material without the permission of the copyright owner. Understanding legal and fair use is especially important in academic settings because dissemination of information often requires the use of evidence.

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Internet Archive’s Copyright Battle with Book Publishers Nears Climax

TorrentFreak

In 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House sued the Internet Archive (IA) for copyright infringement, equating its ‘Open Library’ to a pirate site. IA’s library is a non-profit organization that scans physical books, which can then be lent out to patrons in an ebook format.

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NVIDIA: Copyrighted Books Are Just Statistical Correlations to Our AI Models

TorrentFreak

This applies to photographers, artists, music companies, journalists, and authors, some of whom formed groups to file copyright infringement lawsuits to protect their rights. Book authors, in particular, complained about the use of pirated books as training material. The authors clearly have a different take.

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