Comment by pyrale

I suspect we'll see AI's claim to fair use be challenged even in the US. The claim to be transformative is mostly based on the "shape" of the information being delivered (i.e. the AI rephrases the information).

However, the transformative nature of derivative work is not only about its apparence. It also factors in whether the transformation changes the nature of the message, and whether the derivative work is in direct competition with the original work [1]. I suspect for e.g. news articles, there's a good case that people get information that way instead of going to the newspaper, which means the derivative work competes with the original. Also when it comes to reporting news, there's not many ways to make the message different that doesn't make the AI service bad.

[1]: https://en.wikipedia.org/wiki/Andy_Warhol_Foundation_for_the...