The copying part. Yes, you can conceive a theoritical example where you can consume the content without reproducing it but it’s not what happened in this case.
Or any AI case. There are AI trained outside of the US but they all download the data to train on. They delete it after. What makes it not infringing in AI training is fair use exception for research.
The uploader is the only person/entity that qualifies as infringing under copyright law. The downloader does not. The downloader is merely receiving the copy; the uploader is the one who producing the copy.
Fair use exemptions are only necessary for producing a copy without permission. No fair use exemption is necessary for either receiving a copy, or for consuming or otherwise using that copy.
The uploader is the only person/entity that qualifies as infringing under copyright law. The downloader does not. The downloader is merely receiving the copy; the uploader is the one who producing the copy.
Where does it say that in US copyright law? Downloading is making a copy.
I agree that after a download is complete, a copy has come into existence, and it is located on the downloader’s computer. But, the downloader did not have the work prior to downloading. How can he make a copy of something he does not yet possess? What is the “original” from which this copy came to exist? Who had any obligations under copyright law regarding that original?
The answer, of course, is that the “original” was located on the uploader’s computer. He is responsible for the actions of that machine. He controls it. He decides to whom to send it. He decides how many people it will be sent to. He is fully and solely responsible for distributing the work in his possession.
Every prohibited act is performed by the uploader, not the downloader.
No, Silverman’s argument is not that the mere possession of the work by ChatGPT violates copyright, because yhat question has long since been answered: the artist controls the work, not the audience. The artist cannot decide who is and is not allowed to consume the work. Regardless of how someone came to consume the work, they are fully entitled to speak about it.
Instead, her argument is that the summaries produced by ChatGPT violate the copyright of her work. She is trying to argue that these summaries are merely derivative works, rather than “transformative derivations”. She’s trying to argue that you can’t summarize her work; that your summary of her work violates her copyright.
She’s an American actor, suing an American company, so I think we should discuss the laws of Botswana, Mozambique, and Narnia. /s
The copying part. Yes, you can conceive a theoritical example where you can consume the content without reproducing it but it’s not what happened in this case.
Or any AI case. There are AI trained outside of the US but they all download the data to train on. They delete it after. What makes it not infringing in AI training is fair use exception for research.
The uploader is the only person/entity that qualifies as infringing under copyright law. The downloader does not. The downloader is merely receiving the copy; the uploader is the one who producing the copy.
Fair use exemptions are only necessary for producing a copy without permission. No fair use exemption is necessary for either receiving a copy, or for consuming or otherwise using that copy.
Where does it say that in US copyright law? Downloading is making a copy.
Title 17 of US Code
I agree that after a download is complete, a copy has come into existence, and it is located on the downloader’s computer. But, the downloader did not have the work prior to downloading. How can he make a copy of something he does not yet possess? What is the “original” from which this copy came to exist? Who had any obligations under copyright law regarding that original?
The answer, of course, is that the “original” was located on the uploader’s computer. He is responsible for the actions of that machine. He controls it. He decides to whom to send it. He decides how many people it will be sent to. He is fully and solely responsible for distributing the work in his possession.
Every prohibited act is performed by the uploader, not the downloader.
No, Silverman’s argument is not that the mere possession of the work by ChatGPT violates copyright, because yhat question has long since been answered: the artist controls the work, not the audience. The artist cannot decide who is and is not allowed to consume the work. Regardless of how someone came to consume the work, they are fully entitled to speak about it.
Instead, her argument is that the summaries produced by ChatGPT violate the copyright of her work. She is trying to argue that these summaries are merely derivative works, rather than “transformative derivations”. She’s trying to argue that you can’t summarize her work; that your summary of her work violates her copyright.
She is wrong.