Fair Use and AI image generation

Instructions

Parody laws are very deprndant on fair use, so the focus of this is fair use. Now, lets look at the requirements of fair use 0) Examples -"Section 107 of the Copyright Act...identifies certain types of uses—such as criticism, comment, news reporting, teaching, scholarship, and research—as examples of activities that may qualify as fair use." -AI image generation does not fall under any of these. ------------------------------------------------------------------------- 1) Purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes -"Courts...are more likely to find that nonprofit educational and noncommercial uses are fair." -Most AI image generation are none of these. ------------------------------------------------------------------------- 2) Nature of the Copyrighted Work -"...using a more creative or imaginative work (such as a novel, movie, or song) is less likely to support a claim of a fair use than using a factual work (such as a technical article or news item)." -Although there's argument over whether or not AI encourages or discourages creativity, I would definitely not consider it factual work. ------------------------------------------------------------------------- 3) Amount and substantiality of the portion used in relation to the copyrighted work as a whole -"If the use includes a large portion of the copyrighted work, fair use is less likely to be found; if the use employs only a small amount of copyrighted material, fair use is more likely." -If the AI needs to sweep the internet, then I am sure that it uses a very large amount of copyrighted work. ------------------------------------------------------------------------- 4) Effect of the use upon the potential market for or value of the copyrighted work -In assessing this factor, courts consider whether the use is hurting the current market for the original work (for example, by displacing sales of the original) and/or whether the use could cause substantial harm if it were to become widespread. - It does cause substancial harm. Whether you think it increases or decreases creativity, or whether or not you think its stealing from artists, creating an image with a powerful AI model takes as much energy as fully charging your phone, which can add up pretty fast. If I understand the article correctly, one image from certain AI programs Equals the same amount of energy as charging your phone from 0% to 100%. Most AI image generation programs create 4 images at once, the energy equal two 4 phones. On top of that, it usually takes a few tries to get what you want, so that adds up pretty fast. -"Generating images was by far the most energy- and carbon-intensive AI-based task."