It depends on if the summary is an infringing derivative work, doesn’t it? Wikipedia is full of summaries, for example, and it’s not violating copyright.
If they illegally downloaded the works, that feels like a standalone issue to me, not having anything to do with AI.
A book review published in a newspaper is a commercial venture for the purpose of selling ads. The commercial aspect doesn’t make the review an infringement.
A summary is a “Transformative Derivation”. It is a related work, created for a fundamentally different purpose. It is a discussion about the work, not a copy of the work. Transformative derivations are not infringements, even where they are specifically intended to be used for commercial purposes.
A book review is most likely critical, and thus falls under fair use.
A summary is not critical, so would not have a fair use exemption. I would also disagree that it is transformative. That argument is about work that is so different to the original that it must be considered a separate piece (eg new music that uses a sample from old music). A summary is inherently not transformative, because it is merely a shortened version of the original - the ideas expressed are the same.
Transformative doesn’t mean that the idea is different. It means the purpose for expressing the idea is different. Informing an individual or the general public of the general idea presented in a book is not an infringement. If it were, every book report every student is ever asked to write would be an infringement.
Transformativeness is a characteristic of such derivative works that makes them transcend, or place in a new light, the underlying works on which they are based.
A summary would not place the original work in a new light. A summary is the same work but shorter. A summary would be infringement.
Student book reports are for educational purposes, which has its own specific exemption under fair use. As does work which is critical of the original, along with news. A critical piece, for example, is transformative because it introduces new ideas, talking about the work and framing it in new ways.
AI meets none of these exemptions with a summary. It’s debatable whether it even could meet these exemptions in the way that it functions.
Student book reports are for educational purposes, which has its own specific exemption under fair use. As does work which is critical of the original, along with news. A critical piece, for example, is transformative because it introduces new ideas, talking about the work and framing it in new ways.
You’re forgetting two other important categories of fair use. Paste that student’s book report in a newspaper, and it is no longer “educational”, but it is still “news reporting”: “Author has published a book about <summary of book>”.
Paste it in response to an individual asking about the work, and again, it is no longer educational, but it is still “commentary”, which is much the same as news reporting but with a typically smaller audience.
Even if these two categories of fair use were not specifically included in copyright law, they would naturally arises from the right to free speech. Making a summary subject to the original copyright would make it unlawful for anyone to even discuss the work at all.
Nah, rightsholder organizations have been spreading their FUD propaganda since the advent of the cassette tape and VHS. They have tried, but they have never won a case against someone solely for receiving and saving a work. Downloading is not a crime in and of itself. The criminal act is uploading.
It depends on if the summary is an infringing derivative work, doesn’t it? Wikipedia is full of summaries, for example, and it’s not violating copyright.
If they illegally downloaded the works, that feels like a standalone issue to me, not having anything to do with AI.
Wikipedia is a non profit whose primary purpose is education. ChatGPT is a business venture.
A book review published in a newspaper is a commercial venture for the purpose of selling ads. The commercial aspect doesn’t make the review an infringement.
A summary is a “Transformative Derivation”. It is a related work, created for a fundamentally different purpose. It is a discussion about the work, not a copy of the work. Transformative derivations are not infringements, even where they are specifically intended to be used for commercial purposes.
A book review is most likely critical, and thus falls under fair use.
A summary is not critical, so would not have a fair use exemption. I would also disagree that it is transformative. That argument is about work that is so different to the original that it must be considered a separate piece (eg new music that uses a sample from old music). A summary is inherently not transformative, because it is merely a shortened version of the original - the ideas expressed are the same.
Transformative doesn’t mean that the idea is different. It means the purpose for expressing the idea is different. Informing an individual or the general public of the general idea presented in a book is not an infringement. If it were, every book report every student is ever asked to write would be an infringement.
https://en.m.wikipedia.org/wiki/Transformative_use
A summary would not place the original work in a new light. A summary is the same work but shorter. A summary would be infringement.
Student book reports are for educational purposes, which has its own specific exemption under fair use. As does work which is critical of the original, along with news. A critical piece, for example, is transformative because it introduces new ideas, talking about the work and framing it in new ways.
AI meets none of these exemptions with a summary. It’s debatable whether it even could meet these exemptions in the way that it functions.
You’re forgetting two other important categories of fair use. Paste that student’s book report in a newspaper, and it is no longer “educational”, but it is still “news reporting”: “Author has published a book about <summary of book>”.
Paste it in response to an individual asking about the work, and again, it is no longer educational, but it is still “commentary”, which is much the same as news reporting but with a typically smaller audience.
Even if these two categories of fair use were not specifically included in copyright law, they would naturally arises from the right to free speech. Making a summary subject to the original copyright would make it unlawful for anyone to even discuss the work at all.
You’re really stretching to try and make your arguments seem correct.
Nah, rightsholder organizations have been spreading their FUD propaganda since the advent of the cassette tape and VHS. They have tried, but they have never won a case against someone solely for receiving and saving a work. Downloading is not a crime in and of itself. The criminal act is uploading.