Art Lawyer Patrick McGranaghan on AI, Copyright and the Collision of Culture and Infrastructure

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Show Notes:

1:35 Patrick McGranaghan’s background 

2:45 McGranaghan’s work with Pierre Valentin

3:05 focus on collision of culture and infrastructure

4:45 “evidential fog” around AI in the arts

6:00 abstract nature of these AI issues 

7:00 his writing on these issues to navigate these issues

8:30 EU’s AI framework “recognizes the structural nature of the problem” – can’t be minor updates to old copyright debates, “AI creates problems of scale, opacity and jurisdictional arbitrage that traditional legal categories do not solve very elegantly.” 

10:00 incentive for jurisdiction shopping

11:40 Getty v. Stability AI in the UK 

14:05 EU AI Act’s extraterritorial obligations 

15:00 EU AI Act, Article 53: general purpose models brought into EU must comply with EU copyright law, including opt out reservations; and detailed summary of training data

17:55 UK’s approach is more exposed to loopholes

19:25 opt in versus opt out systems

21:35 Kadrey v. Meta 

22:55 the burden placed on creators by the opt out system 

25:45 sporadic licensing deals and unclear remuneration standard

27:30 interoperability 

28:40 impact of robots.txt

31:15 Alan Robertshaw re: impact of AI on the practice of law

34:50 AI defamation cases

36:20 McGranaghan - need for lawyers regardless of AI

37:25 Robertshaw - legal professions’ varied approaches to AI

38:55 AI and astronomy

40:30 moral conflict with not compensating artists

43:00 justices/injustices related to AI

46:45 market harm created by AI

49:25 definition of justice 

53:05 protections that artists can use, e.g., robots.txt, metadata, units based protection, Glaze and Nightshade 

58:00 mark Patrick hopes to make around AI and art

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