AI & IP Panel Discussion: A Global Perspective Part III

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Photographer credit for Anja Neubauer: self-portrait created with an AI tool.

Show Notes:

2:30 Prof. Tim McFarlin’s focus on copyright and authorship

3:30 Dr. Caterina Moruzzi’s philosophical/design perspective / focus on authenticity

5:00 Dr. Anja Neubauer's focus on global AI/copyright framework

5:50 Artist Lisa Lebofsky’s perspective on AI as a nomadic painter

8:45 “Authenticity Unmasked”–looking at the artistic process not the product

9:55 “Authenticity Unmasked” insight-centrality of human perspective

12:00 Neubauer–redefinition of terms like originality in light of emerging tech

13:30 Getty v. Stability finding  outputs are not copies so not infringements

14:55 McFarland–genAI’s scale and redefining understanding of terms

17:05 US state and federal laws 

19:00 need for unified global protection

19:50 Alan Robershaw – UK Getty decision’s technical focus on the process 

21:40 Defining originality 

22:10 Getty opinion at 601 v. AI models are memorizing/making copies 

24:00 Robertshaw - one step away from judicial definition of consciousness

24:40 McFarlin – scale is the concern

25:35 Lebofsky – how prior claims of infringement fit into AI/appropriation of artists’ works

26:20 McFarlin – ‘substantially similar’ takings are prima facie infringement subject to fair use defense

27:10 consideration of outputs flooding the market harm 

29:25 Lebofsky – use of AI through tools like AI Charm Lab app 

31:00 Lebofsky’s view of threats to her style and her language 

32:45 human requirement for ‘authorship’ and consumer trends

35:55 Moruzzi – human effort to value the process

37:15 Process visible in generative AI circa 2015 v. current genAI’s less visibility and thus less authenticity

38:30 Anthroprocentric – human need for authorship

40:20 Robershaw - Monkey-selfie case; animal versus machine personhood 

43:15 McFarlin – Arkansas statute on AI

44:40 Gould – UK Section 9(3) - limited copyright for output in person who organized the output

45:00 Neubauer – issue of term “equipment” for tools 

46:50 Gould – current copyright legislation is not fit for purpose

48:35 Distinction between camera use and AI model training

49:05 Copyright Criminals documentary regarding music sampling 

50:00 Sampling case involving Kraftwerk 

51:35 Moruzzi – response to consultations

53:00 McFarlin – extent of law v. parallel tracks to copyright or other alternatives to preserve and protect human creativity

54:00 Stefania Salles Bruins–solutions outside the law

54:40 Copyright not fit for purpose 

55:20 Neubauer - Shift in definition of artwork

55:45 Lebofsky – how to establish boundaries

57:25 Lebofsky’s work

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Music by Toulme.

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