I see this more like suing a musician for using a sample of your recording or a certain amount of notes or lyrics from your song without your consent. The musician created a new work but it was based on your previous songs. I’m sure if a publisher asked ChatGBT to produce a GRRM-like novel, it would create a plagiarism-lite mash up of his works that were used as writing samples, using pieces of his plots and characters, maybe even quoting directly. Sampling GRRM’s writing, in other words.
Except doing all of that is perfectly legal. With music it’s called a remix or a cover. With stories it’s called fanfic.
If the AI is exactly replicating an artists works then that is copyright infringment without a doubt. But the AI isn’t doing that and it likely isn’t even capable of doing that.
But wouldn’t the person who made the remix/cover or fanfic have to pay if they made money off of their work? Don’t they need permission of the writer to sell that work? That is what I have always known, unless the original work is in the public domain. I’m not talking about someone creating an inspired work for their own private or not for sale use - in my example I was talking about a publishing company creating a work for sale.
I see this more like suing a musician for using a sample of your recording or a certain amount of notes or lyrics from your song without your consent. The musician created a new work but it was based on your previous songs. I’m sure if a publisher asked ChatGBT to produce a GRRM-like novel, it would create a plagiarism-lite mash up of his works that were used as writing samples, using pieces of his plots and characters, maybe even quoting directly. Sampling GRRM’s writing, in other words.
Except doing all of that is perfectly legal. With music it’s called a remix or a cover. With stories it’s called fanfic.
If the AI is exactly replicating an artists works then that is copyright infringment without a doubt. But the AI isn’t doing that and it likely isn’t even capable of doing that.
But wouldn’t the person who made the remix/cover or fanfic have to pay if they made money off of their work? Don’t they need permission of the writer to sell that work? That is what I have always known, unless the original work is in the public domain. I’m not talking about someone creating an inspired work for their own private or not for sale use - in my example I was talking about a publishing company creating a work for sale.
No. Remixes are a fair use.