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All TDM & AI Rights Reserved? Fair Use & Evolving Publisher Copyright Statements - SPARC

Effect on the Market: Fair use analysis considers the potential market impact of the use on the original work. If the use of AI-based tools on licensed content competes with or diminishes the market for the original work, it could weaken the fair use argument. However, if the use enhances the market for the original work or serves a different purpose, such as research or criticism, it may strengthen the fair use case.