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by JAlexoid 924 days ago
I would imagine if we use a very strict interpretation of copyright, then things like satire or fan-fiction and fan-art would be in jeopardy.

As well as learning, as a whole.

Unless there is literally a substantial copy of some particular piece of copyrighted material, it seems to be a massive hurdle to prove that analyzing something is copyright infringement.

3 comments

Most people in the fanfiction community recognize that it's probably not strictly allowed under copyright. However, the community response has generally been to do it anyway and try to respect the wishes of the author. Hence why you won't find Interview with a Vampire fanfiction on the major sites.

If anything, I think that severely hinders the pro-AI argument if fanfiction made by human authors are also bound by copyright.

ETA: I just tested it out and you can totally create Interview with a Vampire fanfiction with Bing Compose. That presumably is subject to at least as strong copyright as human authors and is thus a copyright violation.

I would suggest also a read of https://en.wikipedia.org/wiki/Copyright_protection_for_ficti...

> Copyright protection is available to the creators of a range of works including literary, musical, dramatic and artistic works. Recognition of fictional characters as works eligible for copyright protection has come about with the understanding that characters can be separated from the original works they were embodied in and acquire a new life by featuring in subsequent works.

Creating a work using Harry Potter or Darth Vader or Tarzan ("As of 2023, the first ten books, through Tarzan and the Ant Men, are in the public domain worldwide. The later works are still under copyright in the United States.") is a copyright infringement.

You may also find https://www.hollywoodreporter.com/business/business-news/dc-... interesting as well as the entire legal saga of Eleanor.

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Creating Interview with a Vampire fan fiction with Bing - Bing didn't have any agency. The question of copyright infringement (I believe) should be only applied to entities with agency to (or not) ask for copyright infringing works.

> Creating a work using Harry Potter or Darth Vader or Tarzan is a copyright infringement

Transformative works are a thing:

https://www.transformativeworks.org/faq/#:~:text=investments...

https://www.transformativeworks.org/faq/#:~:text=Open%20Door...

> I just tested it out and you can totally create Interview with a Vampire fanfiction with Bing Compose.

That’s the output of the model, it doesn’t have much bearing on the copyright status of the model.

> if we use a very strict interpretation of copyright, then things like satire ... would be in jeopardy.

Satire, criticism, reviews and journalism are explicitly permitted under fair use.

If I wish to publicly express my disdain or praise for your art, it is necessary that I can show samples / pictures/ photos when I express whatever my deal is.

The difference is when writing satire its not strictly necessary to possess the work to do so. You can merely hear of something and make a joke or a fake story. Training data on the other hand uses the actual material not some derivative you gleamed from a thousand overheard conversations.