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by ChuckkH 1115 days ago
Copyright law (EU, US, UK, international under the Berne Convention) covers reproduction, distribution and exhibition. That's exactly what those FBI warnings on VHS movies used to say. Distribution and exhibition are prohibited along with reproduction.

In all the cases I mentioned, the only legal way to make any exception to that is if the copying does not harm the interests of the author or reduce the market value of the work. These are the actual laws.

"training a machine learning model is roughly equivalent to a human brain consuming copyrighted works"

A few clear differences: 1. The person "training" a machine learning model doesn't even need to view the work. They copy a file. They do not study or learn from it. 2. A human brain doesn't rely on a 100% verbatim digital copy of the work. To the extent that a brain "makes a copy" of what it observes, it is impossible for it not to. 3. Copyright law (almost everywhere) explicitly applies to making digital copies of binary files of a work (without which it is not possible to "train" a model using the work). Nowhere does it ever apply to a human brain when a person looks at the work.

Not all the things you mentioned are considered "reproduction". A cover of a song is a derivative work, and requires compensation. Showing a movie is exhibition, and is explicitly addressed in copyright laws. These things are not just considered "some form of reproduction".

The laws actually exist and are easy to find and read.