Could you please point me to legal definitions, in court or otherwise, that say it is not violating my copyright license to directly use my artwork in any shape or form for a non-fair use product? As in, a service you pay money for to create things based on the training data it has taken from me, is not fair use. Or point me to the legal definitions where I lose my copyright by posting things online? Allowing to scrape is not the same thing as giving derivative copyright license permissions. You aren’t disagreeing with me, you’re disagreeing with my legal rights.
hmm. That talks of data mining not of derivative work from the mined data. … I’ll leave the discussion to others, though.
What effect would a Creative Commons “ND” clause have? Is it reserving the right to make derivatives? And would machine generated stuff even count as a derivative?
DuckDuckGo translate:
Copyright and Related Rights Act (Copyright Act) § 44b Text and Data Mining
(1) Text and data mining is the automated analysis of one or more digital or digitized works in order to obtain information, in particular about patterns, trends and correlations.
(2) Reproduction of lawfully accessible works for text and data mining is permitted. The
reproductions must be deleted when they are no longer required for text and data mining.
(3) Uses pursuant to subsection (2) sentence 1 shall only be permitted if the rights holder has not reserved them. A reservation of use for works accessible online is only effective if it is made in machine-readable form.
Translation:
(1) Text and data mining is the automated analysis of one or more digital or digitized works in order to obtain information, in particular about patterns, trends and correlations.
(2) Reproduction of lawfully accessible works for text and data mining is permitted. The reproductions must be deleted when they are no longer required for text and data mining.
(3) Uses pursuant to subsection (2) sentence 1 shall only be permitted if the rights holder has not reserved them. A reservation of use for works accessible online is only effective if it is made in machine-readable form.
None of that says anything about creating profitable derivative work. In fact is specifies patterns, trends and correlations, which does not lead me to believe it is protecting visual works created from this data, those kind of things are only used to inform things, like information science.
deleted by creator
Could you please point me to legal definitions, in court or otherwise, that say it is not violating my copyright license to directly use my artwork in any shape or form for a non-fair use product? As in, a service you pay money for to create things based on the training data it has taken from me, is not fair use. Or point me to the legal definitions where I lose my copyright by posting things online? Allowing to scrape is not the same thing as giving derivative copyright license permissions. You aren’t disagreeing with me, you’re disagreeing with my legal rights.
deleted by creator
hmm. That talks of data mining not of derivative work from the mined data. … I’ll leave the discussion to others, though.
What effect would a Creative Commons “ND” clause have? Is it reserving the right to make derivatives? And would machine generated stuff even count as a derivative?
DuckDuckGo translate:
deleted by creator
Where has that been proven legally?
Translation: (1) Text and data mining is the automated analysis of one or more digital or digitized works in order to obtain information, in particular about patterns, trends and correlations.
(2) Reproduction of lawfully accessible works for text and data mining is permitted. The reproductions must be deleted when they are no longer required for text and data mining.
(3) Uses pursuant to subsection (2) sentence 1 shall only be permitted if the rights holder has not reserved them. A reservation of use for works accessible online is only effective if it is made in machine-readable form.
None of that says anything about creating profitable derivative work. In fact is specifies patterns, trends and correlations, which does not lead me to believe it is protecting visual works created from this data, those kind of things are only used to inform things, like information science.
deleted by creator
Where are algorithms considered as being new and legally allowed derivative works in relation to visual works of art?
deleted by creator