Last week, writer and broadcaster Andrew Keen invited me to his podcast Keen On to talk (of course) about artificial intelligence. When we got to the subject of the New York Times lawsuit against Open AI and Microsoft, I noted that 1) it is arguably the strongest copyright case presented to date against an AI developer; 2) that it would ...
In my last post, I focused on the hypothetical fair use defense of generative AI under the principles articulated in the Google Books decision of 2014. In this post, I want to address another claim that has arisen—both on social media, and in comments to the Copyright Office—namely that generative AI companies should be shielded against secondary liability for copyright ...
In my book, published in 2020, I speculated about a biopic made with an AI-generated likeness of Carrie Fisher; and this week, Variety reports that a motion picture about Edith Piaf is now in development that will use AI-generated likenesses of the famed torch singer. So, now that the hypothetical is reality, what are the considerations beyond the obvious loss ...
While people may continue to debate whether robots dream of electric sheep, let us please stop entertaining the notion that AIs “learn from artistic works the same way human artists learn” to make art. In a recent article solidly arguing that Big Tech is going to win again for exploiting creators to develop AI, Peter Csathy concludes: For those of ...
One of the more challenging aspects of copyright advocacy is the fact that many artists and creators are conflicted about enforcing their own rights, and from observation, the disconnect is ideological. For the last 30 years, copyright skepticism has been woven into political narratives rooted in criticism of corporations and the excesses of capitalism—popular themes among the political left, which ...
