this post was submitted on 11 Jul 2023
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Irrelevant to the issue at hand. Here, Silverman is the only one making a copyright claim. ChatGPT is not claiming a copyright on its output.
I disagree. Nothing about "fair use" requires that the work be copyrighted on its own, or even copyrightable. It simply can't be subject to the original copyright.
A summary is a "transformative derivation". Even if that summary cannot be copyrighted on its for some reason, it is not subject to the copyright of the original work.