Annelise Gilbert, Bloomberg Law; OpenAI Pushes Prompt-Hacking Defense to Deflect Copyright Claims
"Diverting attention to hacking claims or how many tries it took to obtain exemplary outputs, however, avoids addressing most publishers’ primary allegation: AI tools illegally trained on copyrighted works."
Sonita Lontoh, Directors & Boards; Ethical and Responsible AI: A Governance Framework for Boards
"Boards must understand what gen AI is being used for and its potential business value supercharging both efficiencies and growth. They must also recognize the risks that gen AI may present. As we have already seen, these risks may include data inaccuracy, bias, privacy issues and security. To address some of these risks, boards and companies should ensure that their organizations' data and security protocols are AI-ready. Several criteria must be met:
It's important to understand that all these attributes build on one another. The more ethically governed, secure, free of bias and enriched a company's data is, the more accurate its AI outcomes will be."
Blake Brittain, Reuters; Music labels' AI lawsuits create copyright puzzle for courts
"Suno and Udio pointed to past public statements defending their technology when asked for comment for this story. They filed their initial responses in court on Thursday, denying any copyright violations and arguing that the lawsuits were attempts to stifle smaller competitors. They compared the labels' protests to past industry concerns about synthesizers, drum machines and other innovations replacing human musicians...
The labels' claims echo allegations by novelists, news outlets, music publishers and others in high-profile copyright lawsuits over chatbots like OpenAI's ChatGPT and Anthropic's Claude that use generative AI to create text. Those lawsuits are still pending and in their early stages.
Both sets of cases pose novel questions for the courts, including whether the law should make exceptions for AI's use of copyrighted material to create something new...
"Music copyright has always been a messy universe," said Julie Albert, an intellectual property partner at law firm Baker Botts in New York who is tracking the new cases. And even without that complication, Albert said fast-evolving AI technology is creating new uncertainty at every level of copyright law.
WHOSE FAIR USE?
The intricacies of music may matter less in the end if, as many expect, the AI cases boil down to a "fair use" defense against infringement claims - another area of U.S. copyright law filled with open questions."
Thomson Reuters ; Navigate ethical and regulatory issues of using AI
"However, the need for regulation to ensure clarity, trust, and mitigate risk has not gone unnoticed. According to the report, the vast majority (93%) of professionals surveyed said they recognize the need for regulation. Among the top concerns: a lack of trust and unease about the accuracy of AI. This is especially true in the context of using the AI output as advice without a human checking for its accuracy."
Matthew S. Schwartz, Bloomberg Law; You Can Create Award-Winning Art With AI. Can You Copyright It?
"We delved into the controversy surrounding the use of copyrighted material in training AI systems in our first two episodes of this season. Now we shift our focus to the output. Who owns artwork created using artificial intelligence? Should our legal system redefine what constitutes authorship? Or, as AI promises to redefine how we create, will the government cling to historical notions of authorship?
Guests:
SHEEMA KHAN , The Globe and Mail; Will the rise of AI spell the end of intellectual property rights?
"AI’s first challenge to IP is in the inputs...
Perhaps the question will become: Will IP be the death of AI?...
The second challenge relates to who owns the AI-generated products...
Yet IP rights are key to innovation, as they provide a limited monopoly to monetize investments in research and development. AI represents an existential threat in this regard.
Clearly, the law has not caught up. But sitting idly by is not an option, as there are too many important policy issues at play."
