Pluralistic: Harpercollins wants authors to sign away AI training rights (18 Nov 2024)
Rights don't give you power. People with power can claim rights. Giving a "right" to someone powerless just transfers it to someone more powerful than them. Nowhere is this more visible than in copyright fights, where creative workers are given new rights that are immediately hoovered up by their bosses.
It's not clear whether copyright gives anyone the right to control whether their work is used to train an AI model. It's very common for people (including high ranking officials in entertainment companies, and practicing lawyers who don't practice IP law) to overestimate their understanding of copyright in general, and their knowledge of fair use in particular.
Here's a hint: any time someone says "X can never be fair use," they are wrong and don't know what they're talking about (same goes for "X is always fair use"). Likewise, anyone who says, "Fair use is assessed solely by considering the 'four factors.'" That is your iron-clad sign that the speaker does not understand fair use:
But let's say for the sake of argument that training a model on someone's work is a copyright violation, and so training is a licensable activity, and AI companies must get permission from rightsholders before they use their copyrighted works to train a model.
