zlacker

>>rand0m+(OP)
> Fair use is a doctrine in the law of the United States that allows limited use of copyrighted material without requiring permission from the rights holders. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author's work under a four-factor balancing test:

> 1) The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes

> 2) The nature of the copyrighted work

> 3) The amount and substantiality of the portion used in relation to the copyrighted work as a whole

> 4) The effect of the use upon the potential market for or value of the copyrighted work

[emphasis from TFA]

HN always talks about derivative work and transformativeness, but never about these. The fourth one especially seems clear in its implications for models.

Regardless, it makes it seem much less clear cut than people here often say.

>>6gvONx+qs
That’s not at all clear to me. IANAL but first of all it’s a balancing test, not a bright-line test. The judge could focus on any one factor and make an argument for either side quite easily.

Second, “use” here could mean one of two things: training or inference. It’s publishing the results of inference that can lead to actual effects on the market, not the training.

At the end of the day, someone has to prove tangible harm.