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Training Generative AI Models on Copyrighted Works Is Fair Use - Change My Mind
(mastodon.lawprofs.org)
This is a most excellent place for technology news and articles.
I agree with your statement as stated.
The part I have an issue with is the output that tends to fall into 4 categories:
output that is creative and unique is acceptable
output tricked into revealing source is infringement
output not creative, as in biometric identification, utilizes the entirety of copyright work in a non-transformative way and needs to be licensed.
output of creative work, while not copyrightable, can still infringe trademark.
Sure, that can be fair use, but only if using them can also be fair use