Law://WhatsNext Copyright, Competition, and Content Authenticity in the Age of AI with Dana Rao
We have fun sitting down with Dana Rao (the former General Counsel and Chief Trust Officer at Adobe) - where we cover the implications of AI progress on:
regulatory frameworks and geopolitics;
copyright law;
deepfakes - including content proliferation and authenticity;
fair use and Dana’s take on the current class action lawsuits in the US; and
Dana’s proposals for a new impressionistic right for creators to stave off the economic harms of their work being imitated.
The conversation provided us with a fascinating insight into life at Adobe at the moment the performance of these generative models really began to take-off, and it was clear to us that Dana and his team played a pivotal role in shaping not only what kind of products Adobe went on to develop but how they would be distributed and consumed by their users!
This episode draws on Dana's extensive experience at the intersection of technology, law and policy. Here are the key references and cases we discussed:
Legal Cases:
Andy Warhol Foundation for Visual Arts, Inc. v. Goldsmith, 598 U.S. 508 (2023) - The Supreme Court case that Dana argues will have an influence in the outcome of AI fair use battles (which are focussed on economic competition between uses)
Thomson Reuters Enterprise Centre GmbH v. Ross Intelligence Inc., No. - 1:20-CV-613-SB (D. Del. Feb. 11, 2025) - The "Westlaw case" Dana mentioned where the judge initially ruled for the AI company but changed his mind after better understanding the technology
Dana's Policy Work:
Senate Judiciary Committee Testimony (July 12, 2023) - Dana's appearance before the Senate Subcommittee on Intellectual Property hearing titled "Artificial Intelligence and Intellectual Property – Part II: Copyright"
Adobe's Proposed Anti-Impersonation Law - Dana's legislative proposal for federal protection against AI-powered style imitation
Content Authenticity Standards:
Content Authenticity Initiative (CAI) - Adobe-founded initiative with over 5,000 members working to establish content provenance standards
Coalition for Content Provenance and Authenticity (C2PA) - The formal standards organization co-founded by Adobe, Microsoft, Intel, Arm, BBC, and Truepic under the Linux Foundation
C2PA Implementation in Google Pixel Phones - Recent adoption of content authenticity standards in consumer devices
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