Conceptmarket substitution
Market Substitution
The core criterion for judging the fourth factor of fair use: if the accused use causes substantial negative impact on the potential market for or value of the original work, it weighs against a fair use defense. In copyright disputes over AI training, it is a key point of contention between rights holders and supporters of training use.
Timeline (last 90 days)
Oct 31
Market substitution is the core criterion of the fourth fair use factor: if the allegedly infringing use has a substantial adverse effect on the potential market for or value of the original work, it weighs against the fair use defense.
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