AI :: Lower courts have misconstrued fair use for too long

[rich in distress]

The sega ruling is a great counter example on the notion that training AI w/CR material renders derivative music, from the perspective of copyright law.

[rich in distress]

.

[Tiangou]

rich in distress wrote:
The sega ruling is a great counter example on the notion that training AI w/CR material renders derivative music, from the perspective of copyright law.

It's not.

Sega is about utilitarian code with thin or non-existent copyright protection. AI is trained on artistic works of authorship which are strongly protected.

In the Sega case, making a derivative was a necessary step to operating a machine. Breaking a mostly-utilitarian construct to make another utilitarian construct. That is not similar to training AI on copyright-protected artworks.

Asserting that Sega is relevant is like saying that chipping the 3rd party toner to make it work in your printer is a great counter-example for selling pirated DVDs. Just being in the same realm of "things that happen with copyrighted works" doesn't make them useful counter-examples.

[rich in distress]

There’s no such thing as thin copyright. Sega precludes anyone from decompiling their CRd code, and decomping is not necessary to operate the machine -playing games. Someone did, and the result were original but unlicensed software that could run on the platform. It held because monopolies, and also because there is some weight on the utilitarian constructs you talk about.
By the way, utilitarian constructs abound in music too. Cadences, half-cadences, chords, scales, rhythm patterns, etc.
And manipulating them is the most common composing technique.
If I’m a Drake junkie, hear his music all the time, and decide that I want to compose music in the style of Drake, I can do it, provided I don’t infringe on his copyright. I would be chastised socially for being an unoriginal copycat, but my copyright would hold.
But feeding AI the music of Drake, so a computer can make decisions like I did, would make any original work from it, music in the style of Drake, but chastised by… the copyright office? The music industry?
Anyway, they’re still figuring it out.