Analysis distinguishes transformative video training from AI outputs that reproduce likenesses

An analysis frames training AI on transformative or fair-use video clips as a separate legal question from generating outputs that closely reproduce a person’s likeness or a copyrighted performance. Film criticism and edited clips posted to TikTok, YouTube, and Instagram may add commentary and not serve as substitutes for the original; such material could therefore enter training data. The analysis says this does not necessarily resolve liability for outputs that recreate someone such as Tom Cruise or reproduce a performance.

As an example, Google’s music-generation service is described as refusing an exact Madonna song while offering a generic pop song that, in theory, draws less from her work. Full movies uploaded to TikTok may be removed but could still pass through or be retained on ByteDance systems. The treatment of highly similar outputs remains uncertain and may be settled through future disputes and litigation.