FEARLESS MEDIA: The Future Of Entertainment, Media & Tech - Is Generative AI "Training" on Unlicensed Copyrighted Works Infringement (or Fair Use)? How the Supreme Court Will Decide

Is Generative AI "Training" on Unlicensed Copyrighted Works Infringement (or Fair Use)? How the Supreme Court Will Decide

07/17/24 • 17 min

FEARLESS MEDIA: The Future Of Entertainment, Media & Tech

In this special bonus episode of Peter Csathy's companion "the brAIn" podcast, Peter tackles the fundamental issue now facing Big Tech and Big Media -- whether generative AI "training" on unlicensed copyrighted works is infringing (or is, instead, defensible fair use)? Peter gives a concise, non-legalese overview of the business and legal issues involved in the leading cases -- including The New York Times v. OpenAI -- that are currently winding their way in the courts. He then identifies and analyzes the key legal precedents cited by both sides -- including the landmark 2015 "Google Books" case and separate recent "Andy Warhol/Prince" Supreme Court case.
Peter also predicts, based on those precedents, how the Supreme Court would rule on these copyright infringement issues in the generative AI context if one of the relevant cases (like The New York Times) ultimately makes its way to the Supreme Court. It's an important discussion -- one that's on virtually everyone's minds in the worlds of media, entertainment, AI and tech. And Peter is the right person to lay it all out. He started his career as an IP lawyer and litigator in a major firm -- then became General Counsel of a multi-billion dollar operating division of Universal Studios -- but then became a serial CEO/President of several tech-forward media companies that achieved successful exits.

Reach out to host Peter Csathy at [email protected], and check out Peter's entertainment, media, AI and tech-focused business advisory and legal services firm Creative Media. You can also sign up for his free generative AI-focused newsletter "the brAIn" on Substack (via this link) -- all about how generative AI is transforming the media and entertainment industry.

Previous Episode

Content as AI "Seeds" with Endless Creative Possibilities: Point/Counterpoint

In this week's episode of Peter Csathy's new companion generative AI focused podcast "the brAIn" (episode 3), Peter first discusses the concept -- promoted by Black Eyed Peas auteur will.i.am -- of the new generative AI era of artists as being "seeders." Gone are the days of "traditional artists" in will.i.am's view, and he uses himself as an example of what he has in mind. Peter discusses both the significant merits of will.i.am's view (for at least some established artists and franchises) -- and the significant perils of his view for the rest.
As always, Peter also identifies the Top 10 key generative AI headlines of this past week that impact the media and entertainment industry -- and then lays out the latest updates on the key generative AI copyright infringement cases now winding their way through the courts.
Peter will post all future episodes of "the brAIn" here -- but you can find, follow and share that podcast directly via all major podcast platforms.

Next Episode

25 Ways Media & Entertainment Use Generative AI Right Now

In this week's companion episode of Peter Csathy's "the brAIn" podcast, Peter discusses 25 significant ways that the media and entertainment industry is already using generative AI right now -- but doing it "quietly" so that it doesn't rattle legal sabers or attract too much creative community blowback. It's kind of like "25 Things You Always Wanted to Know About Generative AI, But Were Afraid to Ask! Many of these 25 will be entirely new to you, and likely may even surprise you. But all are powerful. And many of them are compelling.
As always, Peter also identifies the Top 10 key generative AI headlines of this past week that impact the media and entertainment industry -- and then talks about some "must attend" live or virtual AI-focused industry events. Finally, Peter lays out the latest updates on the key generative AI copyright infringement cases now winding their way through the courts. You can find more detail about those key AI cases on Peter's companion "the brAIn" newsletter that you can find on Substack.