> is it clear yet if it can be called fair use?
Yes.
https://www.publishersweekly.com/pw/by-topic/digital/copyrig...
Though the EU has its own courts and laws.
Yes.
https://www.publishersweekly.com/pw/by-topic/digital/copyrig...
Though the EU has its own courts and laws.
We have exceptions, which are similar, but the important difference is that courts decide what is fair and what is not, whereas exceptions are written in law. It is a more rigid system that tend to favor copyright owners because if what is seen as "fair" doesn't fit one of the listed exceptions, copyright still applies. Note that AI training probably fits one of the exceptions in French law (but again, it is complicated).
I don't know the law in other European countries, but AFAIK, EU and international directives don't do much to address the exceptions to copyright, so it is up to each individual country.
Same in Sweden. The U.S. has one of the broadest and most flexible fair use laws.
In Sweden we have "citaträtten" (the right to quote). It only applies to text and it is usually said that you can't quote more than 20% of the original text.
And acquiring the copyrighted materials is still illegal - this is not a blanket protection for all AI training on copyrighted materials
Unless the courts are willing to put injunctions on any model that made use of illegally obtained copyrighted material - which would pretty much be all of them.
You can just buy books in bulk under the first sale doctrine and scan them.
Anthropic ALSO get copyrighted material legally, but they pirated massive amounts first