Decoder with Nilay Patel
How AI copyright lawsuits could make the whole industry go extinct
Feb 15, 2024
Join Sarah Jeong, a former lawyer and features editor at The Verge, as she dives into the stormy seas of AI copyright lawsuits. She breaks down the increasing legal challenges AI companies face, particularly around the controversial concept of fair use. The discussion touches on parallels with the Napster era, raising questions about transformative use in copyright law. With landmark cases looming, this conversation unpacks how evolving laws and technological advancements may hold the key to the industry's future.
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Quick takeaways
- Fair use is the main defense used by AI companies facing copyright lawsuits, allowing certain uses of copyrighted material without permission if they are transformative and deemed fair.
- The four-factor fair use test used to determine whether a particular use is fair is subjective and unpredictable, making fair use a challenging aspect of copyright law.
Deep dives
The Increasing Number of Copyright Lawsuits Against AI Companies
The podcast episode discusses the rising number of copyright lawsuits being filed against AI companies like OpenAI and StabilityAI. Big media companies such as The New York Times and Getty Images have accused these AI companies of copyright infringement, claiming that they have unlawfully used and profited from their work. The podcast explores the main defense used by AI companies, which is the concept of fair use. Fair use is a legal principle that allows for certain uses of copyrighted material without permission, as long as the use is deemed fair and transformative.
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