Cybertoonz explains the FTC's latest filing on copyright and AI

As covered in upcoming Cyberlaw Podcast episode 481

What the FTC said:

"Conduct that may violate the copyright laws––such as training an AI tool on protected expression without the creator's consent or selling output generated from such an AI tool, including by mimicking the creator's writing style, vocal or instrumental performance, or likeness—may also constitute an unfair method of competition."*

What the FTC meant, as explained by Cybertoonz:

*Artificial Intelligence and Copyright, Comment of the United States Federal Trade Commission, before the United States Copyright Office, Docket No. 2023-6 at 5 (October 30, 2023).

Comments

[defaultdotxbe]

Suck it every artist that's ever been inspired by another artist's work!

[M L]

AI is quite different.

https://www.youtube.com/watch?v=2Jh7Jk3aSlo&ab_channel=ThereIRuinedIt

[Squirrelloid]

Is it? Your link hardly demonstrates that. (Covers are generally considered kosher, after all).

If you can find an example of AI actually violating copyright by, say, reproducing an existing work of art, that would be something. But afaik, no one has ever alleged AI art does that. (I have only tangentially encountered complaints about AI art, but they are rarely articulate or legally knowledgeable, so I’m unwilling to say such a complaint doesn’t exist).

OTOH, given ChatGPT doesn’t appear to be able to actually quote anything or provide legitimate references, but instead hallucinates sources and quotes that don’t actually exist; an example of AI copyright infringement would actually be a significant advance.

[M L]

To clarify, I wasn’t commenting on copyright or any legal issues. I’m just saying AI is different than artists taking inspiration from others. It’s cool, but also unsettling, how AI can copy your voice. And of course copy your instrumentals. You’ve probably heard about the people who got phone calls that appeared to be from their child with their child’s voice saying they were kidnapped.

As for the copyright monopolies, I think they should be cut down. Maybe we could go back to the 1790 Copyright Act which provided a 14 year copyright term.

Edit: Also was looking for an excuse to share that link.