Charlie Mitchell’s Post

🔍 Navigating the Intersection of Copyright and AI 🔍 As AI continues to evolve, so do the challenges of balancing innovation with robust copyright protection. Our latest blog in the “Copyright and AI Basics” series explores the ongoing efforts in the U.S. and EU to address these complex issues. From transparency in AI model training to proposed copyright carve-outs, we break down the key developments that could shape the future of AI and intellectual property. Curious about how these changes might impact your work? Dive into the blog to stay informed and prepared. 🔗 https://loom.ly/Ybpi8yw #AI #Copyright #Innovation #TechPolicy #SMEs

I'm thrilled to announce the publication of my latest article titled "Generative AI and the Anomaly in Copyright Laws". This piece explores how Artificial Intelligence intersects with Copyright laws by examining the scope and developments in the existing legal framework,with specific reference to the EU AI Act . Please do check out the Article at The Legal Quorum and share your opinions. https://lnkd.in/dsJ_6bQn. #ArtificialIntelligence #Copyrightlaws #IntellectualPropertylaws #GenerativeAi #EUAIAct #Copyrightprotection #Techlaw Chinmay Lenka Rakshit Rajput

The Beijing Internet Court has ruled in favor of an AI-generated image being considered an artwork protected by copyright laws, encouraging the use of AI tools for creativity. The court's decision is the first of its kind in China and is believed to show support for AI-driven creativity. The ruling requires the defendant to issue a public apology and pay the plaintiff 500 yuan in compensation, setting a precedent for future AI-related cases. The judge emphasized that the decision should be made on a case-by-case basis. #AI #China https://lnkd.in/gUVNK7AU

U.S. Copyright Office's first report on AI recently published: Part 1 covers Digital Replicas (a.k.a. Deep Fakes). Topline: a new federal law is needed “to protect individuals from the appropriation of their persona” - not just celebrities, but regular folk. What legislation the U.S. Congress actually produces (and when) remains to be seen, as is the effect on Media and Entertainment's use of GenAI and everything underneath it. Additional reports will follow covering copyright-ability of generative AI content, use of copyrighted works to train AI models, infringement and licensing. A lot to pay attention to, and also to navigate while the legal frameworks continue to form. The report is here: https://lnkd.in/gTaWBBNm and an interesting high-level interview about it with a senior Copyright Office official: https://lnkd.in/g6S9pGRF #ArtificialIntelligence #generativeAI

The European Union Artificial Intelligence Act (EU AIA) contains provisions that would require providers of general purpose AI models to comply with transparency obligation regarding the data using for training their models. It also contains a provision that would require providers of general purpose AI models “to put in place a policy to respect Union copyright law in particular to identify and respect, including through state of the art technologies, the reservations of rights expressed” under the text and data mining (TDM) exception in Article 4(3) of Directive (EU) 2019/79. There is considerable confusion about how to construe this latter requirement, and in particular, whether the requirement to respect EU copyright law is intended to expand the extra-territorial effect of EU copyright laws or to place a trade restriction on general purpose AI models which would require them to comply with EU copyright law in order to be made available in the EU. My blog post, based on views I heard while attending the recent Fordham IP conference, deals with this question. It can be accessed @ https://lnkd.in/gwwwVwPt. Pina D'Agostino Carys Craig Ysolde Gendreau Rachel Alexander Joshua L. Simmons Ole Jani Dr. Ursula Feindor-Schmidt, LL.M. Hugh Hansen Lauren Chamblee Michael Fricklas Shlomit Yanisky-Ravid Catherine Zaller Rowland Dan Glover Charles Morgan Jan Bernd Nordemann Andrea F. Rush Stephanie Rotelli Barry Scannell Dr. Stanislaus Jaworski Tess Shapiro Robert Arcamona Sari Depreeuw Michael Goodyear McCoy Smith Dr. Marcus von Welser #EUAIA #copyright #airegulation

I cannot remember if I posted this previously, but here is an excellent article by Carlo Lavizzari, lic. iur. LLM answering the question: "But can an AI company just move to a different jurisdiction and escape copyright consequences? And would a user of Generative AI services be much assured by an AI tool created in a so-called 'relaxed copyright jurisdiction?'" Carlo's TL/DR: "I would argue that if companies expect to engage in global conduct, the law will force them to abide by the copyright laws of each territory in which they are active, just as they are required to comply with privacy, data protection, consumer safety and other laws in countries where they do business, have assets, and/or cause harm." https://lnkd.in/eMmvJkFY

In 2021, while studying in the Media, Communication and Space Law program at the University of Luxembourg, I wrote a course paper on copyrighting dreams in IP law. As AI technology continues to rapidly develop, I'm reminded of the relevance of my essay in understanding copyright in AI. That's why I recently published the essay on my blog. Check it out here: https://lnkd.in/da-qrDxH

Gene Quinn Science is always of the human, for the human, and by the human. The recent IT security catastrophe from CrowdStrike was solved by human, NOT by AI nor by any science/technology. Is there any AI that can answer the following questions of business intelligence? "Who, in the Ontario province of Canada, have new US patents granted on the nearest Tuesday (Eastern Time), when the USPTO releases the newly granted US patents on a weekly basis?" "Who, in the "江蘇" province of China, have new US patents granted on the nearest Tuesday (Eastern Time), when the USPTO releases the newly granted US patents on a weekly basis?" With our intellectual property (IP), a Chinese-English multilingual metadata, we can get the full list answers for the above questions. This is a fact. Do you or any of your contacts need our expertise/IP to do the data analysis that AI can't do? Metadata is an enabler. It is like a treasure map for treasure hunting. Without metadata, like a treasure map, NO data can be found/retrieved, even by the most advanced technologies, like AI, high-end chips, supercomputers, etc. https://lnkd.in/g-aJFnXR

There is great interest in the question as to whether training and using AI models including generative AI models infringes copyright. Slowly, courts are winnowing out the plausible claims as the 26 or so cases wind through the courts in the United States. In the Andersen et al. v. Stability AI case, Judge Orrick advanced the analysis of the plausible and implausible claims. I summarize the claims and causes of action in my blog post, AI models and copyright infringement, Andersen v. Stability AI, available @ https://lnkd.in/gdbNKNkD. Ysolde Gendreau, Pina D'Agostino, Carys Craig, Andrea F. Rush, Dr. Stanislaus Jaworski, Creative Law Alliance, Ted Shapiro, Rachel Alexander, Lui Simpson, Hugh Hansen, Michael Power, Edward Lee, John Buyers, Charles Morgan, Centre for International Governance Innovation (CIGI), Macdonald-Laurier Institute, Jan Bernd Nordemann, Brian Gray, Casey Chisick Dan Glover #genai #copyright #generativeartificialintelligence #generativeai #copyrightlaw #copyrightinfringement

An excellent article from Bill Rosenblatt about the current state of licensing in AI. Making a case for engagement by content owners, the article notes that "courts and Congress will consider how easy it is for the AI companies to license content properly in determining whether licensing is required." The article provides a fairly comprehensive overview of licensing activity to date and offers some great context, including drawing a compelling analogy about the emergence of photocopiers in the 1970s. The article also provides a nice mention of my favorite start-up, Calliope Networks. News/Media Alliance, Dataset Providers Alliance, Alex Bestall, James Golden, Max Einhorn, Ali Hekmatpour, Carlos Sanchez, Jim Tosney, Mark Milstein, Mark Turner, Uday Ghare, Andrew Steinberg, Copyright Clearance Center (CCC), Tracey Armstrong, Copyright Alliance, The Copyright Society, Daniel Cooper, Keith Kupferschmid, The Authors Guild, Thad McIlroy, Ed Newton-Rex, Fairly Trained, Mary Rasenberger, Theresa Weisenberger, Peter Csathy, Chad Rutkowski, Han Seng Lim, Mike Heath, Radhika K Raman, Michael Huntsman, Milady Flores https://lnkd.in/gHeK3-_x