Are Chefs Losing Control? The Hidden Battle Between AI and Copyright Licensing Revealed
As we all know, U.S. law (17 U.S.C. § 107) provides a fourfold test that can be applied when a user is contemplating use of a copyrighted work that technically infringes on one or more of the copyright holder’s exclusive rights. If the use meets one or more of those tests sufficiently, then the use is “fair,” and therefore “not an infringement.”
When it comes to the training of LLMs on copyrighted work, the argument provided in favor of fair use is usually based on the doctrine of “transformative use,” as established in case law. The basic idea here is that if the use of the copyrighted material results in a new product that is very different in form and application from the copyrighted work, it’s more likely to be a fair use. It was a transformative use defense that allowed Google to prevail in Authors Guild v. Google, Inc. – they successfully argued that scanning copyrighted books to create a searchable database constituted a transformative use of those books, and was therefore a fair use of them.
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