The acronym stands for No Artificial Intelligence Fake Replicas and Unauthorized Duplication. Introduced as a discussion draft by Rep. Maria Salazar et al., the No AI FRAUD Act would create a novel form of intellectual property in direct response to the use of AI to “clone” a likeness. With parallels to right of publicity (ROP) law, combined with a copyright-like, ...

With all the talk about AI, one might think the problem of old-school media piracy has abated, but this week, the House Judiciary Committee held a hearing entitled Digital Copyright Piracy:  Protecting American Consumers, Workers, and Creators. Although much of the conversation was familiar territory (i.e., the economic value of the creative industries and the cost of piracy), the legislative ...

On October 30, Judge Orrick of the Northern District of California largely granted the AI companies’ motions to dismiss the class-action complaints filed by Sarah Andersen, Karla Ortiz, and Kelly McKernan on behalf of all visual artists whose works have been used without permission for the purpose of “training” generative AI models. Several complaints were dismissed with leave to amend, ...

Below are the responses I submitted to selected questions in the U.S. Copyright Office Notice of Inquiry and request for comments on artificial intelligence. 8.1. In light of the Supreme Court’s recent decisions in Google v. Oracle America and Andy Warhol Foundation v. Goldsmith, how should the “purpose and character” of the use of copyrighted works to train an AI ...

There is a quote attributed to French revolutionary Alexandre Ledru-Rollin, which says, “There go my people. I must find out where they are going so I can lead them.” The irony may be cited to describe the state of political leadership in the U.S. these days; and after my own party botched the budget/Speaker crisis so badly, I wonder whether ...

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