Fair Use: Training Generative AI
Summary
With incredible speed, the development and widespread availability of amazing tools like Stable Diffusion and Midjourney have engendered excitement, debate, and indeed fear over what the future may hold and what role generative AI should have in the production of creative works. Since 1994, when the Supreme Court adopted “transformativeness” as part of the inquiry about the purpose and character of the secondary use in Campbell v. Acuff Rose Music, this question has grown increasingly important. In this case, the Second Circuit Court of Appeals found that Google’s act of digitizing and storing copies of thousands of print books to create a text searchable database was fair use. Fourth, the issue of whether Stable Diffusion and Midjourney harm the market for the works in their training data is difficult, in part because the way that courts think of this question can be a bit inconsistent. Perhaps by looking at norms and best practices and by engaging people in collaboration and dialogue we can better address the concerns raised by AI training data, instead of falling back on lawsuits that force the different sides of this issue into opposition and that can create unpredictable and potentially dangerous new precedent for future technologies.
Classifications
AskAI Classifications
LabelsLinked Companies
