A.I. Versus The Law

Welcome back to LegalEagle. The most avian legal analysis on the internets.

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Sorry, occupational hazard: This is not legal advice, nor can I give you legal advice. I AM NOT YOUR LAWYER. Sorry! Everything here is for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Nothing here should be construed to form an attorney-client relationship. Also, some of the links in this post may be affiliate links, meaning, at no cost to you, I will earn a small commission if you click through and make a purchase. But if you click, it really helps me make more of these videos! All non-licensed clips used for fair use commentary, criticism, and educational purposes. See Hosseinzadeh v. Klein, 276 F.Supp.3d 34 (S.D.N.Y. 2017); Equals Three, LLC v. Jukin Media, Inc., 139 F. Supp. 3d 1094 (C.D. Cal. 2015).

Special thanks:
Stock video and imagery provided by Getty Images and AP Archives
Music provided by Epidemic Sound
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[LegalEagle]

🤖 Who do you think will win the AI wars?

[ASarkyRevenger]

The lawyer bot would be super easy to build. It just needs to reply to every question with "it depends"

[jerrylu]

There's a Star Trek Voyager episode called "Author, Author" dedicated to this topic, and it involves a trial setting! Since you had fun going over "Measure of a Man", it might be worth exploring for a future episode.

[azrealle]

It's hilarious that "only people can own a copyright"... but also corporations, because we're always willing to treat them like people when it benefits them and their shareholders.

[Jana-homu]

As an artist, thank you for covering the legal aspect of this messy issue. There are so many perspectives to it (ethical, legal, personal, economical), and it’s not a simple matter. The best thing we can do is educate ourselves and come to a consensus/ learn about what protections we have.

[TheRhetoricGamer]

*"Computers are not people."* As a software engineer, I've had to emphasize this point so many times when discussing this issue. It shouldn't take a lawyer and an engineer with a Master's degree in computer science to point this out, but here we are.

[brittanyannphillips]

It'd be interesting to hear your take on AI generation of voices and copyright. Right now many companies are trying to get voice actors to train AI voices to be used in perpetuity to use however they see fit. More commonly, they're slipping in clauses in contracts to use voice actors' likeness for future work so they don't have to call voice actors into the recording studio anymore. We're trying to fight back but the big companies that use this won't amend their contracts to remove the clause, leaving voice actors in a hard place of either staying and lose out on future work or walk and lose those particular jobs. We're definitely going to have to adapt to this change in the industry but we don't want to be replaced.

[ristopaasivirta]

I love it when the A.I. generates an image with two recognizable watermarks from different artists.
In my opinion in this situation the copyright dispute must be handled with gladiatorial combat.

[thedoomreaperco]

Legal topics aside, I'm pretty impressed with LegalEagle's clear effort. Most times I hear people talk about AI, they oversimplify the nature of how they work. LegalEagle has, without going into particulars, put stable diffusion into digestible terms. The respect he and his team gives to the topics they deal with is admirable.

[adamlgiroux]

The laws are gonna need to be clarified and redefined because this is gonna get very complicated very soon.

[oogiegoogie]

I really think that many AI legal issues will have to be solved through the passage of new laws rather than interpretation of existing laws. The laws we have were simply not made with AI in mind.

[zachrodan]

the point you brought up about fair use, that in addition to being "transformative" it must be "for a separate use" is I think a big issue with the ai artwork: as I said in my comment about the comparison to the two google cases, these ai art generators are trained on work produced by other artists in order to be able to create works that compete with those artists. I rather doubt anyone would consider that to be a separate use

[cybrfriends]

Lawyers: "A robot working as a lawyer? that is dumb"
Also Lawyers: "If you dare to use that robot lawyer, you will get jail time"

[dubliners]

Just a side note--At my community college, students will get written up for academic dishonesty once they use ChatGPT or other AI to "generate" or write assignments. So although lots of clickbait videos that tell students they are avoiding plagiarism by using ChatGPT to "write" their stuff, they are not avoiding being written up and suspended for using artificial intelligence to write essays rather than write them themselves.

[ckellingc]

What really worries me is the idea of the Senate (average age 63) and house (average age 58) will be writing laws on breaking edge tech. Most of whom couldn't tell you the difference between C++ and Python.

[Chocolatenigma]

My thoughts on this is simple, if the AI is trained using art from human artists then those who are training the AI should arrange a licensing agreement with the original artists since their work is being used to make the AI profitable

[joewilson]

I watch a few authors stream on Youtube and they have expressed concerns about AI art. Specifically some of the places that have copies of their work have now modified their EUL agreements to say that their work can be fed into AI Art generators without additional consent. Kind of like, here's your notice that we are going to do it. And that was after one of them had her art stolen by a company that started churning out stuff like shirts. It took her forever to claw back her rights to that work.

[goldenretriever]

I have thought of a story where a robot who wants to be a lawyer having to represent a robot that wants to be a doctor

This is actually very interesting to me

[IsYitzach]

Jake at Corridor Crew also examined the copy right issues. He also agreed that it came down to derivative works versus transformative work. He also said, "It depends."

[exploshaun]

Seeing ai art being rejected for copyright protection gave me hope for humanity.