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OpenAI now tries to hide that ChatGPT was trained on copyrighted books, including J.K. Rowling's Harry Potter series
(www.businessinsider.com)
this post was submitted on 22 Aug 2023
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It is not a derivative it is transformative work. Just like human artists "synthesise" art they see around them and make new art, so do LLMs.
Transformative works are not a thing.
If you copy the copyrightable elements of another work, you have created a derivative work. That work needs to be transformative in order to be eligible for its own copyright, but being transformative alone is not enough to make it non-infringing.
There are four fair use factors. Transformativeness is only considered by one of them. That is not enough to make a fair use.
Somebody better let YouTube content creators know that. /s