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Wednesday February 22, 2023
The Fair Use Tango: A Dangerous Dance with [Re]Generative AI Models
Every year around this time — designated by some organizations as “Fair Use Week,” the copyright world engages in a carefully orchestrated dance. Organizations & individuals that are skeptical about the role of copyright and worried about its implications for expressive freedoms celebrate the role of fair use in limiting proprietary interests while recognizing the value of what they see as an appropriately limited set of rights under copyright. For their part, copyright owners & folks that see the incentives of copyright as being fundamental to the interests of the public by creating incentives for the creation & distribution of creative works use the occasion to highlight the dangers of expanding fair use beyond its carefully circumscribed purposes, while recognizing the importance of what they see as an appropriately constrained fair use doctrine as an essential feature of the legal & cultural landscape.