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protocolturetoday at 5:22 AM5 repliesview on HN

>IP laws can stay the same, but they should have purchased a license to use my art before including it in their training data.

But including your art in the training data is fair use (or otherwise exempt) by most standards, as no reproduction occurs. You are advocating for a change to IP law to make it more restrictive.


Replies

JoshTripletttoday at 8:04 AM

> But including your art in the training data is fair use

The four factors of fair use in the US:

> the purpose and character of your use

Commercial, for-profit. Not scholarship, not research, not commentary, not parody, etc.

> the nature of the copyrighted work

Absolutely everything. Artistic, creative, not purely factual.

> the amount and substantiality of the portion taken, and

All of it, from everyone.

> the effect of the use upon the potential market.

Directly competing with those whose data was copied.

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abustamamtoday at 5:45 AM

Fair use by most standards? Which standards are those? I don't think a standard about training an AI on billions of images exists.

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heavyset_gotoday at 5:45 AM

No precedent has been set when it comes to training and fair use

throwawaysoxjjetoday at 5:35 AM

Which case decided that?

bluefirebrandtoday at 5:43 AM

> But including your art in the training data is fair use

It shouldn't be!