From: "Potter, Peter" <[log in to unmask]>
Date: Sun, 17 Mar 2024 23:57:18 +0000

Thanks to Rachael and the team at UC’s OSC for sharing this document. I
came away from it with a much better understanding of the concerns of
libraries as they try to account for TDM and AI when negotiating licenses
for electronic resources.



It does, however, raise a question for me about the other side of the fair
use argument—namely, the rights of authors to not have their copyrighted
works exploited by TDM and AI usage. This is especially pertinent in the
humanities and social sciences where much of the OA scholarship is
published with a CC BY NC-ND license because of authors’ (and publishers’)
concerns about others profiting from derivative use of a work.
Increasingly, I am hearing from authors who want to know the extent to
which the “no derivatives” part of a CC license protects them against TDM
and AI usage, specifically generative outputs. I’m curious to know what
folks think about the fair use question when it comes to authors
specifically.



The UC OSC document acknowledges publishers’ concerns about misuse of
licensed materials but then it seems to brush those concerns aside on the
grounds that publishers “already can—and do—impose robust and effective
contractual restrictions” on such misuses. But the document also admits
that “overall fair use of generative AI outputs cannot always be predicted
in advance,” which of course is exactly what authors are concerned
about—usage by AI that is unpredictable and perhaps impossible to keep
track of because of the increasingly sophisticated nature of AI. How does
one prove plagiarism when AI systems have ingested and learned from so much
content that it’s impossible to tease out what came from each individual
source?




From: Rachael G Samberg <[log in to unmask]>

Date: Wed, 13 Mar 2024 05:38:00 -0700

Fair use rights to conduct text mining & use artificial intelligence tools
are essential for UC research & teaching. Learn how University of
California libraries negotiate to preserve these rights in electronic
resource agreements:
https://osc.universityofcalifornia.edu/2024/03/fair-use-tdm-ai-restrictive-agreements/



Best,

Rachael G. Samberg

Timothy Vollmer

Samantha Teremi



-- 

Rachael G. Samberg, J.D., MLIS

Scholarly Communication Officer & Program Director

Office of Scholarly Communication Services

University of California, Berkeley

Doe Library, 189 Annex

Berkeley, CA  94720-6000

Pronouns: she/her