No link—the plan doesn’t spillover to other fair use industries—fair use determinations are case-by-case
Patel 24 (Nilay Patel, editor-in-chief of the Verge, “How AI copyright lawsuits could make the whole industry go extinct” 2/15/2024. Accessed 6/19/2024. https://www.theverge.com/24062159/ai-copyright-fair-use-lawsuits-new-york-times-openai-chatgpt-decoder-podcast) wtk
But there’s a check on all that control that copyright law provides: fair use. Fair use is written right into the Copyright Act, and it says that certain kinds of copies are okay. Since the law can’t predict what everyone might want to do, it has a four-factor test written into it that courts can use to determine if a copy is fair use.
But the legal system is not deterministic or predictable. Any court gets to run that test any way they want, and one court’s fair use determination isn’t actually precedent for the next court.
That means fair use is a very vibes-based situation, and it’s anyone’s guess how a lot of copyright lawsuits are going to go. Many of them feel like a coin flip, and when you add in the amount of hype, uncertainty, and money that comes with AI, it gets even more complicated.