Although I have expressed aspects of these views in several posts over the past couple of years, I will try to consolidate my opinion as to why GAI training with protected creative works is a more problematic fair use consideration than many, even the courts, seem to believe. I acknowledge that even fellow copyright advocates will disagree with some of ...
Two headlines in the first week of this month said a lot about the United States as an “innovative” nation right now. One story announced that the first driverless semi-trucks are on the highway covering normal long-haul routes, and the second reported that the final shipments of pre-tariff goods from China were arriving at U.S. ports. Leave it to contemporary ...
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 ...
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 ...
