Amanda Levendowski (Georgetown University): Can AI and copyright law coexist?
Nov 22, 2023
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Georgetown Law Professor Amanda Levendowski and guest co-host discuss copyright law's limits, AI training, evaluating potential harms, fair use factors in AI, ethical competencies in the legal profession, copyright and AI analysis
Analyzing fair use factors on a case-by-case basis is crucial when assessing the copyright implications of AI.
AI-generated works have the potential to contribute to an expanded public domain beyond the 1920s, but a thorough evaluation of public benefit and harm is necessary.
Deep dives
Copyright Law and AI: Balancing Fair Use and Protecting Creators
In this podcast episode, Amanda Levendowski, a copyright expert, discusses the intersection of copyright law and AI. She emphasizes the importance of analyzing fair use factors on a case-by-case basis, rather than relying on a bright line rule. Levendowski explores the potential benefits of AI-generated works, envisioning an expanded public domain. She also highlights the need for ethical competencies among lawyers to advise clients on the use of AI and its potential liabilities. Additionally, she shares insights on the role of the Copyright Office and predicts that courts will face novel challenges in determining copyrightability of AI-generated works.
Navigating Fair Use in AI: A Deep Dive into the Four Factors
Amanda Levendowski advocates for a comprehensive analysis of the four fair use factors when assessing the copyright implications of AI. She challenges the notion of automatic fair use or infringement in AI, stressing the importance of understanding the intricacies of each case. Levendowski proposes a client-centered approach, where lawyers explore alternative options to AI use and advise clients on potential consequences. She also discusses the concept of public benefit and raises questions about the impact of AI-generated works on marginalized communities. Levendowski introduces the FAIR use method as a framework to assess the social, political, moral, and economic harms related to AI technologies.
The Intersection of Copyright and AI: Expanding the Public Domain
Amanda Levendowski delves into the potential of AI-generated works to contribute to an expanded public domain. By leveraging AI creatively, an extensive collection of works beyond the 1920s could be developed. Levendowski acknowledges that bias and problematic images may arise from this process, but argues that AI-generated works are no less biased than human-generated works. She proposes a thorough evaluation of public benefit and public harm in the context of copyright law, urging for a more nuanced understanding of the repercussions of AI-generated works. Levendowski suggests that the US Copyright Office has a role to play in shaping copyrightability criteria for AI-generated creations.
Building Ethical Competencies for AI: Advice for Lawyers
Amanda Levendowski stresses the importance for lawyers to develop ethical competencies when dealing with AI. She emphasizes the need for lawyers to gain a fundamental understanding of AI in order to effectively advise clients. Levendowski highlights the responsibility of lawyers to counsel clients on potential liabilities and harms associated with AI use. She suggests a client-centered approach that explores alternative solutions and considers socio-technical layers such as sustainability, labor, accountability, transparency, and ethics. Levendowski also mentions the need for comprehensive AI education programs to equip future lawyers with the necessary skills and knowledge to navigate the AI landscape.
Georgetown University Law Center Associate Professor Amanda Levendowski, and guest co-host Karyn Temple, Senior Executive Vice President and Global General Counsel for the Motion Picture Association (MPA) and EqualAI board member, join In AI We Trust? to explore the protections and limits of copyright law. Tune in to learn more about training AI systems and methods for evaluating the potential harms.
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