Only 1%, Really Afraid？(copyright law/fair use/news report/AI)
Only 1%, Really Afraid？(copyright law/fair use/news report/AI)
Li Dongtao
Description: the creation of a piece of news shouldn’t be based on copyright infringement.
A． The case: 1% or 50%?
I saw the News today,
This is a case about “AFRAID”.
The plaintiff is an economist.
The defendant is a newspaper.
In March 1998, the plaintiff finished a 100,000-word article on the Southeast Asia financial crisis.
In May 1998, the defendant learned of this article and contacted the plaintiff for a news report introducing his theory.
The plaintiff agreed.
In July, the defendant issued a piece of 2,000-word news report about the Southeast Asia financial crisis, two phases (about 1,000 words) were taken from the plaintiff’s article, but without reference to the plaintiff’s name or the title of his article.
The plaintiff sued the defendant for copyright infringement.
The defendant argued that the copyright infringement was not established because there was only 1% taken from the plaintiff’s article and what it had done was news report; and, as such, the use was fair.
The court ruled that the copyright infringement was established because:
（1）The purpose of use was not limited to introducing or commenting on the plaintiff’s theory, but just about the Southeast Asia financial crisis;
（2）The amount of use constituted the substantial portion of the new work, though 1% taken from the plaintiff’s article, but 50% existed in the defendant’s report;
（3）The plaintiff’s article was not published before;
（4）The plaintiff’s name and the title of the original work was not identified.
In short, saw the news, really afraid, copyright infringement.
B. Fair Use
In copyright law, there is an exemption to copyright: fair use doctrine. ldt
Fair use permits a party to use a copyrighted work without the copyright owner’s permission and payment of remuneration for purposes such as criticism, comment, news reporting, teaching, or research.
Fair use is not free use, four factors listed in the above case warrant attention.
A. AI
Fair use doctrine is useful for AI developers, but they must remember the above four factors, they must remember the output couldn’t be used to replace the original work.
[1] I saw the news today POEM By Anna Cellmer at www.poetry.com/poem/74499/i-saw-the-news-today
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