> so if I can make ChatGPT output copyrighted material then Open AI should pay me correct?
If by "make" you mean you're coaxing it into outputting your work, it'd be difficult to allege damages. If you show it's regurgitating your registered work to normal users, and it's not covered by fair use factors (e.g: it's outputting a significant portion of your work, in a non-transformative manner, and this is negatively impacting the market for that work), then you'd have a good case to bring.
> Or you will claim that this is rare, a mistake and we should forgive OpenAI
Rarity will affect damages, but they wouldn't be off the hook if such a situation does happen. To my knowledge no safe harbor applies here, given it's their own bot and not human users.
If by "make" you mean you're coaxing it into outputting your work, it'd be difficult to allege damages. If you show it's regurgitating your registered work to normal users, and it's not covered by fair use factors (e.g: it's outputting a significant portion of your work, in a non-transformative manner, and this is negatively impacting the market for that work), then you'd have a good case to bring.
> Or you will claim that this is rare, a mistake and we should forgive OpenAI
Rarity will affect damages, but they wouldn't be off the hook if such a situation does happen. To my knowledge no safe harbor applies here, given it's their own bot and not human users.