1:1 with Andres Guadamuz

Episode Highlights

00:00 Intro

01:24 The TL;DR Perspective

10:34 The Deepdive: AI decrypted
Q1 | You look at the inputs and outputs of AI. For the inputs, the key question is: does mining data infringe copyright? For the outputs, the main question is: can derivative works infringe copyright and what role do exceptions play?

20:28 Q2 | In your blog entitled “Will we ever be able to detect AI usage”, you wonder if that is really the right question to ask and suggest alternatives. What are your key thoughts?

23:53 Outro

Key Quotes

"To think of copyright like any granular, tiny speck of information that went into the training of an input means that you own that [AI] output. That's ridiculous to me. That means there are billions of authors for every single ChatGPT or entry."

1 / 7

"What [AI providers are] doing is a temporary copy or transient copy. (...) They don't need them after the model is trained. (...) What's happening is they make a copy and then extract information."

2 / 7

"Some of these actions [by AI providers] could fall under existing exceptions and limitations. (...) They make a copy (...) that allows the generativity to work."

3 / 7

"AI is actually making it easier for small-time creators to create quality content. (...) What we're starting to see: it’s enabling more creators to do stuff."

4 / 7

"The 'Patreon system' (...) does not rely on copyright like the old industries. [For these creators], it's better if things get copied, reproduced, and shared by everyone because the whole point is for them to get viral so more people look at their videos."

5 / 7

"In Europe, we have an exception that is increasingly relevant: pastiche. (...) If you're transforming it enough [to] recognise the original, but you are transforming it in a way that [calls] out to the original, it may not be infringing copyright."

6 / 7

"Copyright (...): how do we know when something has been created with AI or not? Most countries do not require registration, so you don't have to go to a copyright office and say I used Midjourney."

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About Our Guest

Andres Guadamuz | Reader in Intellectual Property Law - University of Sussex

Dr Andres Guadamuz (aka technollama) is a Reader in Intellectual Property Law at the University of Sussex and the Editor in Chief of the Journal of World Intellectual Property. His main research areas are artificial intelligence and copyright, open licensing, cryptocurrencies, and smart contracts. He has written two books and over 40 articles and book chapters, and also blogs regularly about different technology regulation topics, notably on his TechnoLlama blog.

Relevant Resources

Openness, AI, and the Changing Creative Landscape (TechnoLlama blog)

Corridor Crew’s Anime Rock, Paper, Scissors

A Scanner Darkly: Copyright Liability and Exceptions in Artificial Intelligence Inputs and Outputs (GRUR International)

Will We Ever Be Able to Detect AI Usage? (TechnoLlama blog)

Asking Whether AI Outputs Are Art Is Asking the Wrong Question (TechnoLlama blog)

TechnoLlama blog