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This is potentially costly both to AI companies, which may end up paying large statutory and compensatory damages in multiple jurisdictions, and to authors and other rights holders whose livelihoods are directly affected by LLMs. Nevertheless, some uses of LLMs and their training may be found to be fairuse.
It is thus clear that TDM does matter - but what should its relationship with copyright and relatedrights be? Recital 8 acknowledges, on the one hand, the value and potential of TDM but, on the other hand, notes the restrictions that copyright and relatedrights pose to the doing of TDM activities without a licence.
21, Copyright and RelatedRights Act 2000 ), New Zealand ( section 5(2)(a), Copyright Act 1994 ), South Africa (section 2(h), Copyright Act 1978 ) and the UK ( Copyright, Designs and Patents Act 1988, section 9(3) ). We were not aware that the image may have been created by AI” 2.
2 In the former case, the court moved from an apparent position of significant skepticism at oral argument to an affirmation of fairuse for the sale of home video recording devices (VCRs) as a dual-use technology capable of both infringing and substantial non-infringing uses. Ginsburg & R. Dreyfuss eds.,
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