Something like this would never have fallen under fair use in the first place, I don't think. It doesn't really mesh very well with any of the factors US law lists as considerations when deciding whether or not use is fair.
If this falls under anything it falls under the first sale doctrine.
I generally side with publishers and artists on the generative AI debate, but I'll at least concede that they have some grounds for a fair use argument based on the transformative (legal jargon meaning, not buzzword meaning) nature of the work they're doing.
If this falls under anything it falls under the first sale doctrine.
I generally side with publishers and artists on the generative AI debate, but I'll at least concede that they have some grounds for a fair use argument based on the transformative (legal jargon meaning, not buzzword meaning) nature of the work they're doing.
(IANAL, just guesing, etc etc.)