“$3000 per book is entirely on-par with the per-infringement penalties when an individual does it, too.”
Three things to note.
1. As you said, copyright infringement is generally treated for each instance. This one-time payment would include a single use. Each training would be a separate infringement. And it could be argued that each use by a user of the model could be considered a separate infringement.
2. Generally copyright fines are increased if the persons doing the infringing action know what they are doing. Aka, ‘willful infringement.’ It’s hard to imagine companies like OpenAI were unaware of the possibility of their actions being considered infringement.
3. Often restitution of infringement includes money made by the infringer. So not simply, “your book is worth $3000.” But rather? “Your book is worth $3000 AND this company has derived an additional $50,000 of revenue from it.”
Three things to note. 1. As you said, copyright infringement is generally treated for each instance. This one-time payment would include a single use. Each training would be a separate infringement. And it could be argued that each use by a user of the model could be considered a separate infringement. 2. Generally copyright fines are increased if the persons doing the infringing action know what they are doing. Aka, ‘willful infringement.’ It’s hard to imagine companies like OpenAI were unaware of the possibility of their actions being considered infringement. 3. Often restitution of infringement includes money made by the infringer. So not simply, “your book is worth $3000.” But rather? “Your book is worth $3000 AND this company has derived an additional $50,000 of revenue from it.”