“These cases demonstrate that the fair use defense enables courts to consider all the fair use factors and apply them in the context of specific facts. MPA submits that this type of inquiry is the appropriate way to deal with the many types of potential infringements that may arise under the broad umbrella of “training” a generative AI system.”
Position is case-by-case fair-use analysis, opposing categorical treatment of training as fair use; also opposes new AI-specific copyright legislation.