@nataliehewlett

Copying massive amounts of works for training may constitute infringement, but there is a lack of uniform exceptions. Fair use/TDM exceptions are inconsistent: the United States relies on case law, the EU provides an opt-out mechanism, and there is no international coordination. The Berne Convention's three-step test (only in certain special cases, no conflict with normal exploitation of the work, and no unreasonable prejudice to the legitimate interests of the right holder) may restrict broad exceptions.

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