[sdenton4]

Thumbnail images don't violate copyright, and are a very helpful comparison case to consider.

"Transformative Use" is a major consideration in fair use copyright: https://en.wikipedia.org/wiki/Transformative_use

ML models do not supplant the pre-existing work, and provide fundamentally new modalities. Transformative use seems like a slam dunk to me, but I guess we'll see what the Supremes decide in twenty years or so...

[YellowStuDregg]

So is market harm

"Some courts have held this factor to be the most important in the analysis."

https://ilt.eff.org/Copyright__Fair_Use.html#Market_Harm

[SxC97]

I’m unclear about this. Let’s say a movie comes out and I make a YouTube review using brief clips or screenshots from the movie. Since my review is transformative, I should be in the clear (I think?).

But when it comes to market harm, does the tone of my review effect the enforceability of copyright?

As in, if my review is negative it would harm the market for people going to watch the movie vs a positive review right?

[belorn]

Reviews have a distinct "character of use", one of the four cornerstones of fair use exceptions.

A review can be commercial, can cause significant harm to the market, can include substantial amount of the work, and yet the character of use can be significant enough to convince a judge that a exemption should be applied. Since judges historically has come to this conclusion there exist now legal precedence. With precedence we can make some general conclusions which tell us that reviews are in general exempted when using other peoples copyrighted work for the purpose of reviews.

This character of use is very different then if I convert a studio record of a song into mp3 and publish it on p2p sharing site. Judges has historically viewed the character of use in those situation as not being worth giving exemptions.

[wnkrshm]

I am not a lawyer but I'd think:

You're not directly competing with the movie though, your work is a review, not a feature film.

If you were to make a parody movie from the material of the movie itself, directly taking scenes and altering them to your liking but still relying on the viewer recognizing the original in it, you'd have a harder time, I think.