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Will eBook Ruling Impact Fair Use Analysis for Generative AI?

Intellectual Property Law Blog

It noted that an eBook recast from a print book is a paradigmatic example of a derivative work and the changes involved in preparing a derivative work can be described as transformations. Each case will be fact dependent. They do not just store the image and output another version of the image.

Fair Use 244
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Copyright Liability for LLM Outputs

Velocity of Content

If so, infringement may occur unless an exception applies or the LLM did not have access to the original work. 1 Another key right is the creation of derivative works, which includes adaptations or translations. As discussed below, there could be a separate violation if rights management information is removed.

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Generative AI: admissibility and infringement in the two US class actions against Meta’s LLaMA

Kluwer Copyright Blog

Rather than being programmed in the traditional way, a large language model is “trained” by copying massive amounts of text and extracting information from it. Thus, the decisions about what textual information to include in the training dataset are deliberate choices. This body of text is called the training dataset.

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Hachette Book Group v Internet Archive: Archiving Access to Information or Strengthening Copyright Laws?

SpicyIP

Image from here Hachette Book Group v Internet Archive: Archiving Access to Information or Strengthening Copyright Laws? The NEL was held to be a derivative work, and the Archive’s lending practices violative of copyright law. Firstly, the FDL did not entail any criticism, commentary or information about the original books.

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AI and Fair Use: Navigating Legal Challenges in India and the United States

IIPRD

The court accentuated that the Google’s use was transformative for the reason that it was providing researchers new pathways to access information by providing a searchable database. Most importantly, the court found that such use would not injure the market for the original works, as this would provide snippets and not the full texts.

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Court Dismisses Authors’ Copyright Infringement Claims Against OpenAI

TorrentFreak

The vicarious copyright infringement claim fails because the court doesn’t agree that all output produced by OpenAI’s models can be seen as a derivative work. “Plaintiffs’ allegation that ‘every output of the OpenAI Language Models is an infringing derivative work’ is insufficient.

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RIAA Flags ‘Artificial Intelligence’ Music Mixer as Emerging Copyright Threat

TorrentFreak

The RIAA logically doesn’t want third parties to strip music or vocals from copyrighted tracks, particularly when these derivative works are further shared with others. Unauthorized Copies and Derivatives. While Songmastr’s service is a bit more advanced, the RIAA sees it as clearly infringing.

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