I would assume those would fall under fair use of some kind, but you’re right that those fair use laws would need some scrutiny before implementing this. I’m still cautiously optimistic about it, but yeah if I was a lawmaker I’d be thinking hard about the potential misuses of it for sure.
What we’ve seen very clearly with fair use is that you end up being forced to defend it, as opposed to it being presumed. That means it’s very easy for a rightsholder with money to go after every use, fair or not, and force the user to spend time and money defending themselves (and also probably face a preliminary injunction that takes the image down until the case is over, which will often be after its newsworthy).
The big thing about Fair Use/Fair Dealing is it’s not automatic protection from any sort of consequence, lawsuit, or prosecution. It’s only a possible defense you can try using once you’re in court about it, and there are no guarantees it’ll work out for you.
Fair Use/Fair Dealing has never been the magic “you can’t do anything to me” protection many people seem to think it is. A judge has every ability to decide what you did wasn’t a fair use and judge against you.
This is not an argument against fair use, but against abuses of the fair use system. Everyone should be for reforming the system in such a way that it is not abused in this way, but that does not mean that we cannot implement a similar system for AI abuses.
I would assume those would fall under fair use of some kind, but you’re right that those fair use laws would need some scrutiny before implementing this. I’m still cautiously optimistic about it, but yeah if I was a lawmaker I’d be thinking hard about the potential misuses of it for sure.
What we’ve seen very clearly with fair use is that you end up being forced to defend it, as opposed to it being presumed. That means it’s very easy for a rightsholder with money to go after every use, fair or not, and force the user to spend time and money defending themselves (and also probably face a preliminary injunction that takes the image down until the case is over, which will often be after its newsworthy).
The big thing about Fair Use/Fair Dealing is it’s not automatic protection from any sort of consequence, lawsuit, or prosecution. It’s only a possible defense you can try using once you’re in court about it, and there are no guarantees it’ll work out for you.
Fair Use/Fair Dealing has never been the magic “you can’t do anything to me” protection many people seem to think it is. A judge has every ability to decide what you did wasn’t a fair use and judge against you.
This is not an argument against fair use, but against abuses of the fair use system. Everyone should be for reforming the system in such a way that it is not abused in this way, but that does not mean that we cannot implement a similar system for AI abuses.