The purpose and character of the use: Is the use transformative, meaning it adds value or insights to the original work, or is it merely a copy of the original work?
The nature of the copyrighted work: Is the work creative or factual, and how much of the work is being used?
The amount and substantiality of the portion used: How much of the copyrighted work is being used in the AI training, and is it a significant portion of the original work?
The effect of the use on the market for the original work: Does the AI-generated work replace the original work, or does it create a new market for the copyrighted work?
If the use of the copyrighted material in AI training is deemed to be fair use, then it would not be considered a copyright violation. However, it is essential to note that fair use is a complex and fact-specific issue, and the outcome may vary depending on the specific circumstances of each case.
In summary, whether training an AI using copyrighted material to produce similar material is a copyright violation depends on various factors, and it is not possible to give a definitive answer without considering the specifics of the case. It is recommended to seek legal advice if you are unsure about the use of copyrighted material in AI training.