Copyright governs uses of creative content, while fair use provides context-sensitive exceptions for activities such as criticism, education, research, and commentary. section 9.3.1
Evaluate fair use by balancing four factors:
- Consider the purpose and character of the use, including whether it is educational, research-oriented, critical, or commercial. section 9.3.1
- Consider the work’s nature, the amount used, and whether the new use harms the original work’s market or value. section 9.3.1
- Treat LLM training as unsettled: it uses others’ content, while courts have not yet resolved how the factors apply. section 9.3.1
Two contrasting uses
A negative product review may use copyrighted material to prevent a company from suppressing criticism. Training students or apprentices can likewise serve a social need, while commercial uses that compete with an original work face greater risk. section 9.3.1
