Fair use is any copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work.
Yes, it’s a list of quite similar ways of commenting upon a work. Please explain how training an LLM is like any of those things, and thus, how Fair use would apply.
I’m not saying that training an LLM is like any of those things. I’m saying it doesn’t have to be like those things in order for it to still be fair use.
I don’t see why it should.
The creation of the AI model is transformative. The AI’s model does not contain a literal copy of the copyrighted work.
No, but the training data does contain a copy. And making a model is not criticising, commenting upon, or creating a parody of it.
That list is not exclusive, it’s just a list of examples of fair use.
The training data is not distributed with the AI model.
Yes, it’s a list of quite similar ways of commenting upon a work. Please explain how training an LLM is like any of those things, and thus, how Fair use would apply.
I’m not saying that training an LLM is like any of those things. I’m saying it doesn’t have to be like those things in order for it to still be fair use.