The goal is correct but the justification is extremely flawed and hypocrite. A company called OpenAI should share way more code and sources to the general public that what it currently shares. And that's why the USA is starting to loose the AI race.

"OpenAI is hoping that Donald Trump's AI Action Plan, due out this July, will settle copyright debates by declaring AI training fair use—paving the way for AI companies' unfettered access to training data that OpenAI claims is critical to defeat China in the AI race.

Currently, courts are mulling whether AI training is fair use, as rights holders say that AI models trained on creative works threaten to replace them in markets and water down humanity's creative output overall.

OpenAI is just one AI company fighting with rights holders in several dozen lawsuits, arguing that AI transforms copyrighted works it trains on and alleging that AI outputs aren't substitutes for original works."

https://arstechnica.com/tech-policy/2025/03/openai-urges-trump-either-settle-ai-copyright-debate-or-lose-ai-race-to-china

#AI #GenerativeAI #OpenAI #FairUse #Copyright #Trump #USA

It’s critical that copyright be balanced with limitations that support users’ rights, and perhaps no limitation is more important than fair use. Critics, humorists, artists, and activists all must have rights to re-use and re-purpose source material, even when it’s copyrighted.

Yesterday, EFF weighed in on another case that could shape the future of our fair use rights. In Sedlik v. Von Drachenberg, a Los Angeles tattoo artist created a tattoo based on a well-known photograph of Miles Davis taken by photographer Jeffrey Sedlik. A jury found that Von Drachenberg, the tattoo artist, did not infringe the photographer’s copyright because her version was different from the photo; it didn’t meet the legal threshold of “substantially similar.” After the trial, the judge in the case considered other arguments brought by Sedlik after the trial and upheld the jury’s findings.

On appeal, Sedlik has made arguments that, if upheld, could narrow fair use rights for everyone. The appeal brief suggests that only secondary users who make “targeted” use of a copyrighted work have strong fair use defenses, relying on an incorrect reading of the Supreme Court’s decision in Andy Warhol Foundation v. Goldsmith."

https://www.eff.org/deeplinks/2024/12/eff-tells-appeals-court-keep-copyrights-fair-use-rules-broad-and-flexible

#USA #Copyright #FairUse #IP

"The Electronic Frontier Foundation works to defend your right to own what you buy. Your right of first sale should apply to digital works, and it’s unfair to buy something when the terms say you don’t really own it. We fight in Congress to stop laws that would take your digital rights away, and in court to ensure that copyright holders can’t re-write the law to undermine user rights and the public interest. We've won many protections for physical media, worked to expand your right to make fair uses of physical and digital content, and even protected your ability to make podcasts. Now we need your help to change the law to give you the same rights online that you have offline. It’s happened in other countries, and it can happen here, too."

https://www.digitalrightsbytes.org/topics/wait-i-don-t-own-the-digital-downloads-i-buy

#Copyright #IP #FairUse #DigitalMedia #DRM #Streaming

Federal Courts Are Cracking Down on the #InternetArchive

A federal court recently said the Internet Archive is not protected by fair use doctrine.

In September, a federal appeals court dealt a major blow to the Internet Archive—one of the largest online repositories of free #books , media, and software—in a #copyright case with significant implications for publishers, #libraries , and readers
#fairusedoctrine #fairuse

https://reason.com/2024/11/10/courts-are-coming-for-digital-libraries/

From @eff (#EFF): "Once again, #copyright law has been used to squash expression in order to serve a particular business model favored by rightsholders, and we are all the poorer for it."
https://www.eff.org/deeplinks/2024/08/federal-appeals-court-rules-fair-use-may-be-narrowed-serve-hollywood-profits

#DMCA #FairUse

The Eighth Circuit has upheld a jury verdict finding that the commercial use of a meme was not fair use. However, it's not a complete win.

https://www.plagiarismtoday.com/2024/06/11/success-kid-copyright-fair-use-and-memes/

#Copyright #FairUse #Memes #SuccessKid

Documentary Filmmaking Community Files Amicus Brief in Important Fair Use Case Involving Tiger King https://ipat.law.uci.edu/documentary-filmmaking-community-files-amicus-brief-in-important-fair-use-case-involving-tiger-king/ #copyright #Fairuse #documentary #Tigers #uslaw