UnCommon Law Bloomberg Industry Group

The US copyright system encourages human creativity. So does it make sense to grant a copyright to work created by AI with the click of a button? And, if AI generated artwork is given copyright protection, how would that impact the livelihoods of creative professionals?
In our last episode, we looked at Jason Allen’s AI-generated artwork, "Théatre D’opéra Spatial," and the arguments why it should have some copyright protection. This time, we examine the other side – the most powerful arguments for why AI-generated work should never be eligible for copyright.
Guests:

Jason M. Allen, founder of Art Incarnate

Sy Damle, partner in the copyright litigation group at Latham & Watkins

Karla Ortiz, artist

Kelly McKernan, artist

Delanie West, advocacy liaison for the Graphic Artists Guild

Genel Jumalon, artist


Learn more about your ad choices. Visit megaphone.fm/adchoices

The art world was rattled when Jason M. Allen won first place in the Colorado State Fair for "Théatre D’opéra Spatial" — digital artwork created with artificial intelligence.
Allen had revised his text prompts hundreds of times before landing on the final work; Allen considers Space Opera Theater his creation. But some artists hated his victory. "They were saying I was falsely attributing authorship to something I did not create," Allen said. 
After winning, he submitted the image to the US Copyright Office for a state-issued seal of approval, an official document certifying that the artwork was indeed his creation. Would the Copyright Office agree?
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:

Jason M. Allen, founder of Art Incarnate

Sy Damle, partner in the copyright litigation group at Latham & Watkins

Shira Perlmutter, Register of Copyrights and director of the US Copyright Office


Learn more about your ad choices. Visit megaphone.fm/adchoices

Generative AI tools are already promising to change the world. Systems like OpenAI's ChatGPT can answer complex questions, write poems and code, and even mimic famous authors with uncanny accuracy. But in using copyrighted materials to train these powerful AI products, are AI companies infringing the rights of untold creators?
This season on UnCommon Law, we'll explore the intersection between artificial intelligence and the law. On episode one, we learned about the lawsuits filed against AI companies that trained their large language models on copyrighted work without permission. Now we'll learn about the legal defense that could give the AI companies a pass to continue scraping up whatever content they want, copyright-protected or not.
Guests:

Matthew Butterick, founder at Butterick Law, and co-counsel with the Joseph Saveri Law Firm on class-action lawsuits against OpenAI and others

Isaiah Poritz, technology reporter for Bloomberg Law

Matthew Sag, professor of law and artificial intelligence, machine learning and data science at Emory University School of Law

Mark Lemley, professor of law at Stanford Law School and the director of the Stanford Program in Law, Science and Technology, who is also representing Meta and Stability AI in the copyright cases against them

James Grimmelmann, professor of digital and information law at Cornell Tech and Cornell Law School


Learn more about your ad choices. Visit megaphone.fm/adchoices

Generative AI tools are already promising to change the world. Systems like OpenAI's ChatGPT can answer complex questions, write poems and code, and even mimic famous authors with uncanny accuracy. But in using copyrighted materials to train these powerful AI products, are AI companies infringing the rights of untold creators?
This season on UnCommon Law, we'll explore the intersection between artificial intelligence and the law. Episode one examines how large language models actually ingest and learn from billions of online data points, including copyrighted works. And we explore the lawsuits filed by creators who claim their copyrights were exploited without permission to feed the data-hungry algorithms powering tools like ChatGPT.
Guests:

Matthew Butterick, founder at Butterick Law, and co-counsel with the Joseph Saveri Law Firm on class-action lawsuits against OpenAI and others

Isaiah Poritz, technology reporter for Bloomberg Law

James Grimmelmann, professor of digital and information law at Cornell Tech and Cornell Law School


Learn more about your ad choices. Visit megaphone.fm/adchoices

When Scott Griffin visited the Haunted Trail, he expected to be scared. But he did not expect what happened after he thought the scare was over.
This special Halloween episode of UnCommon Law tells the true story of a man terrorized by a haunted house attraction. Griffin bought a ticket to a haunted house — but ended up getting more than he bargained for: two broken wrists. He sued for negligence and assault. Can someone who paid to be frightened sue when things go too far? 
Guests:

P. Christopher Ardalan, attorney at Ardalan & Associates, PLC

Larry Levine, law professor at the University of the Pacific McGeorge School of Law


Learn more about your ad choices. Visit megaphone.fm/adchoices

In the conclusion of UnCommon Law's season-long exploration of noncompete agreements, we look at the Federal Trade Commission's authority to ban the clauses nationwide.
We’ve reviewed how the ban would work and explored the policy arguments for and against it. Now we delve into a more fundamental question: Does the FTC even have the power to make a substantive rule like this one?
It's been 50 years since the DC Circuit Court of Appeals ruled that the FTC has substantive rulemaking power. We’ll learn about that case — National Petroleum Refiners Association v. FTC — we’ll find out why it’s so important to the FTC, and we’ll hear why many believe it would not turn out the same way today.
But that's not all! Even if courts follow National Petroleum, could the FTC get past the major questions doctrine?
The season finale of UnCommon Law features:

Richard Pierce, professor at the George Washington University Law School

Dan Papscun, antitrust reporter for Bloomberg Law

Sean Heather, senior vice president at the U.S. Chamber of Commerce

Sandeep Vaheesan, legal director at the Open Markets Institute

Orly Lobel, professor at the University of San Diego School of Law

Matt's baby


Learn more about your ad choices. Visit megaphone.fm/adchoices