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Let’s Not Flip Sides On IP Maximalism Because Of AI

Nov 30, 2023 - techdirt.com
The article discusses the importance of fair use in copyright policy, particularly in relation to social media, art, and the creator industry. It highlights how fair use allows limited use of copyrighted material without permission, filling in gaps in copyright infringement laws and enabling the existence of art and social media. The author also discusses the potential risks to fair use, particularly from AI companies and public interest advocates who wish to limit AI's ability to train on content without permission.

The author argues that using copyright to prevent AI from training on content is short-sighted and could lead to a reduction in fair use protections. They suggest that this could lead to a situation where big companies can navigate the complex rights necessary to build a model, but new companies or open source models would be unable to do so. The author concludes by advocating for a more nuanced approach to copyright policy that addresses the whole problem, rather than using copyright as a "sledgehammer".

Key takeaways:

  • Fair use allows people limited use of copyrighted material without permission and is crucial for many creators and industries.
  • Some public interest advocates want to use copyright to stop AI from being trained on content without permission, which could weaken or destroy fair use.
  • Using AI to analyze content, similar to the controversial "on a computer" software patents, is becoming a contentious issue in copyright policy.
  • IP maximalization could lead to the creation of oligopolies, as big companies will be able to navigate the complex rights necessary to build a model, while new companies or open source models may struggle.
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