Podcast – Artists’ Rights with Musician Blake Morgan

Blake Morgan

If it can be difficult to keep up with artists’ rights in the news, that goes double for music. Fortunately, there are some incredible artists who devote as much energy and passion to rights advocacy as they to do making music—and among those individuals is Blake Morgan. Singer/songwriter, recording artist, indie label owner, and producer, Blake epitomizes the hard-working, middle-class artist—grateful to make music for a living, but still a guy with a mortgage and bills to pay. In this podcast interview, Blake and I discuss the major threats he sees to artists’ rights and why he keeps fighting the good fight. And to say the least, his optimism is infectious. Hope you enjoy!

Photo by: Taylor Ballantyne

Episode Contents

  • 02:37 – Why I fight for artists rights.
  • 07:22 – The biggest threats facing artists.
  • 11:52 – The American Music Fairness Act
  • 16:27 – Dying of “exposure.”
  • 18:40 – A middle-class face on the cause.
  • 24:00 – Spotify’s “big payouts” to artists.
  • 30:00 – Support for the TikTok legislation.
  • 36:10 – Private equity investment in music catalogs.
  • 45:00 – The VanGogh diversion.
  • 46:10 – Advice to the next generation.
  • 50:11 – The latest album Violent Delights.

Articles/Posts Cited:

Spotify “Loud & Clear” Payout Report

“Same Old Song: Private Equity is Destroying Our Music Ecosystem” by Marc Hogan

Trichordist Guest Post:  “A musician’s View of the TikTok legislation” by Blake Morgan

Copyright News to Watch

Copyright News

Publishers File Brief in Response to Internet Archive Appeal

On Friday, the publishers in Hachette, et al. v. Internet Archive filed their response brief opposing the archive’s appeal of its loss in district court. IA maintains that its practice of “Controlled Digital Lending” is not copyright infringement under the doctrine of fair use despite the lower court’s fast and resounding decision rejecting that defense in late March 2023. As the lower court stated:

At bottom, IA’s fair use defense rests on the notion that lawfully acquiring a copyrighted print book entitles the recipient to make an unauthorized copy and distribute it in place of the print book, so long as it does not simultaneously lend the print book. But no case or legal principle supports that notion. Every authority points the other direction.

Given the amount of Second Circuit precedent contributing to the district court’s four-day turnaround decision, it is hard to see how IA will fare any better on appeal. But we shall see.

Santos v. Kimmel May Be Entertaining

In a complaint filed in mid-February, American fabulist George Santos accuses comedian Jimmy Kimmel et al. of copyright infringement, fraudulent inducement, breach of contract, and unjust enrichment, all arising from Kimmel’s pranking Santos’s new gig making personalized video messages on Cameo.com. Kimmel allegedly tricked Santos by creating fake customer identities and then, posing as those “customers,” requested absurd material for Santos to record. Kimmel then played five of the Cameo videos on his TV show to mock Santos.

I read the Santos complaint over the weekend, and if the facts presented are accurate, the case could provide some interesting details for copyright nerds. But given that we’re talking about George Santos, the prudent course at the moment is to at least wait for the defendants’ response before commenting.

Goldsmith and Andy Warhol Foundation Settle

In a court filing on Friday, photographer Lynn Goldsmith and Andy Warhol Foundation (AWF) agreed to settlement terms, concluding the landmark fair use case. AWF will pay Goldsmith $10,250 based on the original licensing fee for use of her photo in the Warhol screen prepared for the Conde Nast issue, and it will pay another $11,272.94 in taxable costs. Both parties are responsible for other expenses and attorney fees.

“AWF’s position is that the original creation of the Prince Series was fair use, and that nothing in the Supreme Court’s opinion undermines that view,” the court filing states. Indeed, the legality of the entire Prince Series prepared by Warhol was not addressed in this case. But the clarification on “transformative” use delivered by the Court—and which led directly to judgments against appropriation artist Richard Prince—suggests that AWF should probably not evangelize that opinion in the art world.

More Suing of Generative AI

On March 8th, authors Abdi Nazemian, Brian Keene, and Stewart O’Nan filed a class-action lawsuit against NVIDIA Corporation, alleging copyright infringement of books for the purpose of training the NeMo Megatron–GPT, a Large Language Model (LLM). The claim rests entirely on the allegation of unauthorized reproduction in the training process, and as with the Chabon lawsuit against Open AI, plaintiffs here accuse the defendant of accessing large volumes of books from dubious sources…

Bibliotik is one of a number of notorious “shadow library” websites that also includes Library Genesis (aka LibGen), Z-Library (aka B-ok), Sci-Hub, and Anna’s Archive. These shadow libraries have long been of interest to the AI-training community because they host and distribute vast quantities of unlicensed copyrighted material. For that reason, these shadow libraries also violate the U.S. Copyright Act.

Given the general consistency in both the legal and factual allegations in most of the cases against generative AI developers, the earliest outcomes could signal a blowout for either creators or the developers. As stated in earlier posts, if the reproduction right is held to be violated in the process of machine learning, it is hard to see how any of the developers overcome that claim. The case to watch is arguably New York Times v. Open AI, because the Times has presented so much compelling evidence that works output by the system are substantially similar to works input by the system. In a close second, is probably Concord v. Anthropic, where music publishers have likewise presented evidence of substantially similar lyrics output by the system.

The Future Was Then: AI Moving Us Backwards on Carbon Emissions

Coal-fired power plant. Cost of data centers.

As the Super Bowl approached and passed, it seemed that one faction of Americans was accusing Taylor Swift of practicing witchcraft on the NFL while another was slagging her for the carbon output of her private jet—reportedly about 8,300 tonnes of CO2e in 2022. And although it is fair to expect owners of private aircraft to fly responsibly, I must ask this:  What is the environmental value of not shitposting about Taylor Swift? Or for that matter, any number of topics?

The carbon cost of a single tweet is ~.026g; the cost of X (nee Twitter) is estimated at 8,200 tonnes per year; and the overall carbon cost of social media is estimated at 262 million tonnes of CO2e per year. So, if we use this social media carbon calculator, it tells us that 1 million people spending just 2 minutes a day on the 10 major social sites costs just over 8,300 tonnes of CO2e per year—roughly the same amount T Swift reportedly generated with her airplane in 2022.

C

I recognize that this is comparing the carbon footprint of one individual to a million individuals, but that one individual entertains millions and generates economic activity. By contrast, the social posts of a million people at any given moment are only making pollution in every sense. Clearly, it costs metric tons of carbon to produce metric tons of useless noise. And that preamble brings us to the topic of the projected increase in electricity demand for data centers to support advancements in artificial intelligence (AI). As Bloomberg reported in late January:

Electricity consumption at US data centers alone is poised to triple from 2022 levels, to as much as 390 terawatt hours by the end of the decade, according to Boston Consulting Group. That’s equal to about 7.5% of the nation’s projected electricity demand. 

In past posts about generative AI, I have opined that we do not need machines to make creative works—because we don’t—and that AI should be tasked with solving problems like curing disease or mitigating the climate crisis. On the second point, however, it seems that if an AI were asked the climate question, its only rational answer would be, “Shut me down.” If nothing else, AI could be an environmental catastrophe in the making.

“In the Kansas City area, a data center along with a factory for electric-vehicle batteries that are under construction will need so much energy the local provider put off plans to close a coal-fired power plant,” the Bloomberg article states. Because that quote cites both electric vehicles (EVs) and the data center, one must acknowledge that the environmental analysis of EVs entails a projection of carbon saved against carbon spent. But because a data center is pure carbon expenditure, that cost can only be measured against the value of the activity the center supports.

No question that data centers are infrastructure. There is no enterprise—private or public—that does not rely on networked computing, and economic activity almost always presents an environmental challenge, whether one is building a railroad or an eCommerce platform. But considering even the current energy demand, let alone the projected increase, AI pulls the issue into focus because so many of its applications are already either useless or toxic.

Useless, as stated, is the AI that generates “creative” work in lieu of the human creator, while toxic would be something like more advanced deepfakes exacerbating the disinformation crisis. Regarding the former, this flips the economic equation—i.e., carbon cost yielding lost jobs, which is arguably the opposite of economic activity. Regarding the latter, the use of AI to expand and deepen disinformation campaigns represents carbon cost in exchange for “better tools” that have already been used to weaken democracy worldwide.

In 2013, I wrote a post called Show Me the Innovation—one of many responses to the generalized argument that legal frameworks designed to protect intellectual property, privacy, information integrity, and even personal safety all stand in the way of “innovation.” The point then, as now, is that not everything produced by Big Tech is “innovative,” if we insist that word mean something. If “innovation” should improve lives and foster prosperity, isn’t it curious that social media’s carbon cost helps support anti-science agendas like climate change denial?

In a recent post about the environmental cost of data centers, Chris Castle cites Science Daily, noting that “generative AI like ChatGPT could cost 564 megawatt-hours (MWh) of electricity a day to run.” That’s more than some small countries. When coupled with the fact that data center demand is halting planned shutdowns of coal-fired plants, then it starts to look a lot like AI is helping to “innovate” the U.S. backwards, reversing the gains made over the past twenty years in carbon emissions.

Traditionally, it is possible to do a cost/benefit analysis. We burn x amount of coal to power y number of homes, or we need x amount of oil to run y amount of ground transportation. And even in the earliest days of electrification or automobiles, the benefits were self-evident. But with rapid advancements in AI, the cost is rising without clear evidence of benefit—at least not at the scale the electricity demand implies. This is because, like so many “innovations” of Big Tech, AI might be used to accomplish something extraordinary like improving medical diagnoses, but in the meantime, it will be used make what is already bad about digital life suck faster.


Photo by: dropthepress