No, it’s not in isolation. Doesn’t matter, because fair use applies to humans, not robots. When you go from “human that does X” to “human that operates machine that does X” you’ve changed the situation.
We’ve already been through this with cameras, which are technically just the same as using your eyes and your memory. Yet both legally and morally we all feel that operating a camera doesn’t grant you the same rights as you have by just being and looking. Strolling through the park and seeing the kids playing is very different from bringing a zoom lens and a camping chair.
That said, society could agree to a fair use that applies to ML-trained models. It could simply cover all non-commercial applications, or at the very least research.
We’ve already been through this with cameras, which are technically just the same as using your eyes and your memory. Yet both legally and morally we all feel that operating a camera doesn’t grant you the same rights as you have by just being and looking. Strolling through the park and seeing the kids playing is very different from bringing a zoom lens and a camping chair.
That said, society could agree to a fair use that applies to ML-trained models. It could simply cover all non-commercial applications, or at the very least research.