From: Ann Shumelda Okerson <[log in to unmask] <[log in to unmask]>>
Date: Mon, 1 Apr 2024 20:54:27 -0400

See below for a discussion of various forms of licensing, analysis by Kyle
Courtney:

Earlier this year, we noticed that some academic publishers have revised
the copyright notices on their websites to state they reserve rights to
text and data mining (TDM) and AI training (for example, see the website
footers for Elsevier <https://www.elsevier.com/> and Wiley
<https://www.wiley.com/en-us>). This new language may create confusion
among libraries and researchers as TDM and AI-based analysis become an
increasingly important aspect of research.

SPARC asked Kyle K. Courtney, Director of Copyright and Information Policy
for Harvard Library, to address key questions regarding these revised
copyright statements and the continuing viability of fair use
justifications for TDM.
1.  Do revised copyright statements at the bottom of a website explicitly
reserving rights to AI training change the fair use case for these
activities?

The short answer is: no, probably not.
Read the lengthy and detailed analysis of when Fair Use and when Copyright
may be applicable here:

https://sparcopen.org/news/2024/all-tdm-ai-rights-reserved/