this post was submitted on 11 Jul 2023
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A long form response to the concerns and comments and general principles many people had in the post about authors suing companies creating LLMs.

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[–] ram@lemmy.ramram.ink 27 points 1 year ago (1 children)

US Courts have already ruled in the past that human authorship is required for copyright. It'd be a logical conclusion as such that human authorship would also be required to justify a fair use defence. You providing a summary without any quotations would likely justify fair use - which is still copyright infringement, but a mere defence of said infringement. A machine or algorithm that cannot perform the act of creative authorship would thus not be exempted by the fair use defence.

[–] Rivalarrival@lemmy.today 14 points 1 year ago

US Courts have already ruled in the past that human authorship is required for copyright

Irrelevant to the issue at hand. Here, Silverman is the only one making a copyright claim. ChatGPT is not claiming a copyright on its output.

It'd be a logical conclusion as such that human authorship would also be required to justify a fair use defence.

I disagree. Nothing about "fair use" requires that the work be copyrighted on its own, or even copyrightable. It simply can't be subject to the original copyright.

A summary is a "transformative derivation". Even if that summary cannot be copyrighted on its for some reason, it is not subject to the copyright of the original work.