Does Generative AI Violate Copyright Law? (And What Does It Mean For Art)

If you're a content creator, designer, brand manager or aspiring musician, writer, documentary filmmaker or curious mind, listen closely as our guest, AI copyright lawyer Anthony Glukhov.
Anthony graduated magna cum laude (top 4%) from Pepperdine University School of Law in Los Angeles in 2017 where he served as a Literary Citation Editor for Pepperdine Law Review and the Entertainment and Technology Track Chair for the Palmer Center for Entrepreneurship and the Law.
Ramo Law PC
Ramo Law PC provides comprehensive legal services to our clients in the entertainment industry with a focus on representing studios, financiers, distributors, producers, and production entities in all forms of content which includes film, music, television and digital content. A few clients include: Imagine Entertainment, Kevin Hart’s Laugh Out Loud and Hartbeat Productions, Hello Sunshine, Skydance, JuVee, The Jim Henson Company, Boardwalk Pictures and Scout Productions.
Please Enjoy The Show!
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Timestamps:
0:00 Disruptors and Curious Minds
2:58 Our Sponsors Wripple
3:35 Who Is Anthony Glukhov?
4:28 Does generative AI violate copyright law?
7:38 How Does The Law Define Originality & Creativity
12:02 Blurred Lines - Can You Copyright A G-Chord?
15:30 Copyright Edge Cases
18:13 Google API's And Fair Use
22:02 Who Owns AI Generated Computer Code?
27:20 Archival Footage, Pizza And AI
31:22 John Grisham Is Suing OpenAI: Verifying LLM Source Material
36:17 Copyright And Fair Use
39:40 Andy Warhol And Transformative Copyright
44:22 Parody & Weird Al Yankovic
46:45 Drum n' Bass And The Amen Break
49:00 A.I. Copyright Advice For Brands
54:40 Join The Book Club
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Quotes from the show
“The Copyright Act extends to original works of authorship that are fixed in a tangible medium of expression.”
“Anyone who is uh who's really interested in getting into the nitty-gritty, this is found in title 17 of the US Code Section 102.”
“There has to be some modicum of creativity. The bar is basically on the floor for a lot of things, but you need to have some level of creativity to distinguish your work from something else.”
“I think the answer is the legal system struggles.”
“We'll often examine creativity in the negative because if we exclude certain categories of things that aren't given copyright protection we can start to narrow in on what does make sense.”
“I create a new program with the help of chatGPT. Who owns the copyright? The answer is it depends as lawyers love to say, but really the consensus seems to be nobody right now.”
“You couldn't have authorship subsist in a non-human creator.”
“Generative AI presents a really great solution. Why would you need to license archival footage when you can have generative AI create it for you?”
“The television series will be copyrightable, but then it's got this piece in it that is not going to be copyrightable. So how do you navigate that? That's a big question right now.”
“I think that the majority of AI models that are out there right now have
at some point trained on databases that have infringed works.”
“A lot of these cases are are still at the district court level there's always
going to be room for them to be appealed to the Circuit Court level and then from there it could ultimately be appealed to the Supreme Court.”
“If something is a parody, it tends to be transformative in nature because you can't make a parody without borrowing from the original work. Otherwise there would be no periodic effect.”
“Fundamentally I would assume that anything that comes out of an AI is not copyrightable. Anything that is popping out of chat GPT, Mid Journey or Dall-E is not going to be copyrighted.”
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Jeremy is a futurist, writer, and nexus thinker working at the intersection of technology, entertainment and brand. He is the co-founder of Tunewelders and SoundObjects and creator of the Write To Know You program.
Mark is a creative writer, futurist thinker and trainee Nexus thinker. He writes, researches and thinks about web3 and emerging technology for LVMH and Culture3.
Links To The Show:
Sign up to the book club - www.thinkingonpaper.xyz/bookclub
Connect With Mark - linktr.ee/markfielding
Connect With Jeremy - www.jeremygilbertson.com/
#ai #generativeai #copyrightlaw #copyright #artificalintelligence

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