Fair use—which Rose characterizes as “a sort of safety valve that lets copyright and the First Amendment exist alongside each other”—is what allows creators to technically infringe upon a copyright holder’s work, but to do so legally, via exceptions like criticism or parody, or because there’s no monetary threat to the original work, or.
Rose looks to character copyright, which she describes as a “frankly unholy, wobbly sphere” of US law. “It exists pretty much explicitly to protect characters that are taken out of their original contexts and used in something else,” she says, citing a landmark 1954 case about whether Sam Spade was a copyrightable character .
Rose doesn’t think it would be in those corporations’ best interests to come after tools like Character.AI right now—and she doesn’t see them cutting any deals with the platform, either. Unlike in earlier eras of the internet, there’s a social cost of trying to stifle fan activity today—but she also points to the Wild West nature of generative AI. “If I was a major content-holder right now, I would be staying very far away from LLMs,” she says.
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