Are Chefs Losing Control? The Hidden Battle Between AI and Copyright Licensing Revealed
I’m not an attorney, so take my opinion for what it’s worth. But it does seem clear to me that copying copyrighted works for the explicit and limited purpose of training an LLM, and then letting the LLM use what it “learns” in that process to create new documents, is quite similar (from an intellectual-property perspective) to what Google did in creating its searchable database, and therefore represents a transformative use of the copyrighted works. Not only does this principle seem to be well established in case law, it also just makes intuitive sense: if the LLM is simply being “trained” on the copyrighted content, and is then producing new content based on what it has “learned,” that seems no more a breach of copyright than it would be if I read ten copyrighted books and then wrote my own book, using my own original expression of my own thoughts, informed by what I learned from my reading.
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