I have not added a copyright post here since March 19, when the DC Circuit Court of Appeals affirmed in Thaler v. Perlmutter that works produced autonomously by generative AI (GAI) are not protected under U.S. copyright law. Although it is good to see the human authorship doctrine in copyright left undisturbed, it is a fleeting moment of sanity within ...
Last week, in response to the Executive Order referred to as the “AI Action Plan,” various stakeholders submitted comments to the Office of Science and Technology Policy (OSTP). OpenAI, for its part, submitted one of the finest examples of tech-bro bombast we have seen in some time. Not even Google’s comments, which names copyright, privacy, and patents as barriers to ...
In almost every discussion I’ve had with creators about generative AI (GAI), I have said that we should not overlook Big Tech’s capacity for exaggeration and total flops. Because it is possible that AI products may be the next Google Glass due to cultural and/or economic forces that reject their business models. For instance, last week, Digital Music News (DMN) ...
One of many challenges with adoption of generative AI (GAI) tools is whether creators are willing to demonstrate a degree of solidarity on the matter—i.e., apply the principle we generally call fair trade. If Creator A uses a GAI that might be harmful to Creator B in a different field, and so on, will most creators take this broader perspective ...
It has already caught the attention of most copyright watchers that Judge Bibas of the District Court for the District of Delaware (3rd Circuit) reversed his own 2023 summary judgment ruling in the copyright AI case Thomson Reuters v. Ross Intelligence. Thompson, which owns the legal research database Westlaw, sued Ross for copyright infringement after the latter built its competitive ...
