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Users of social media platforms are encouraged to share content, both user-generated and third-party, and this has expanded the audience. Both individuals and organisations may now share, communicate, and market their goods or themselves. Users submit private photos, movies, music, and written documents that may be infringed upon.
It could also undercut the commercial market for books and works already created; this is because, on demand, the Products are able not only to summarize books in detail, chapter by chapter, but also to regenerate the text of books (§ I.B.110-111). 2000) (“ copying an entire work militates against a finding of fairuse. ”).
v] Instead, these companies often opt to shift the associated risk of contentcreation and navigating licensing on to the creators themselves and wait until the last minute to implement more sensible, less destructive solutions that may cost them a bit more than doing nothing. 6, 2021). [iv]
I fear the answer is yes we are missing the role of the market. The combination of the parallels with 2010s copyright and technology debates and the impact of the changing substitutability of content do not seem promising for rightsholders. The market will fundamentally change and it will not be to the benefit of rightsholders.
Open AI also released an open letter on 8 th January 2024, stating: “Training is fairuse, but we provide an opt-out because it’s the right thing to do. Training AI models using publicly available internet materials is fairuse, as supported by long-standing and widely accepted precedents.
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