Earlier quoted context omitted.
It's definitely a derived work as far as copyright is concerned: the output would simply not exist without the copyrighted training data. > It's finding patterns same as anyone studying the code base would do. No, it's quite unlike anyone studying data, because it's not a person with legal rights, such as fair use, but an automated algorithm. There is absolutely no legal debate that copyright applies only to human au…
> It's definitely a derived work as far as copyright is concerned - the output would simply not exist without the copyrighted training data. Can you point to a legal case that confirms this? Because it’s not at all clear that this is true from a legal standpoint. “X would not exist without Y” is not a sufficient test for derivative works - it’s far more nuanced.
>A "derivative work" is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted.
The emphasis part clearly applies: not only the AI model needs to be trained on massive amounts of copyrighted works *); but without these input works, it displays no intrinsic creative ability, it has no capacity to produce a single intelligible word or sketch. All creative features of its productions are a transformation of (and only of) the creative features of the inputs, the AI algorithm has no "intelligence" in the common meaning of the word and no ability to create original works.
*) by that, I mean a specific instance of the model with certain desirable features, for example the ability to imitate the style of J.K Rowling