Fair Use and AI - A 2ND Saturday Exploration

Warfare of Art & Law Podcast

Show Notes:

0:00 Yelena Khajekian

1:30 Warhol v Goldsmith decision by SCOTUS

3:00 USCO NOI’s Question 8

4:00 Google LLC v. Oracle America, Inc., 593 U.S. ___ (2021)

4:20 liability question

4:45 Emily Gould - fair use

6:30 Alan Robertshaw - Warhol court’s focus on use of the work

7:50 Khajekian - artists’ perspective on Warhol decision

9:00 Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994)

10:20 confusion of fair use analysis and court’s aesthetic analysis

12:00 USCO NOI’s Question about fair use

13:00 Robertshaw - UK’s fair dealing analysis

15:50 Gould - big players like Getty

17:45 text and data mining exception

20:10 Drawdy - private contracting as a solution

21:00 Robertshaw - Getty

22:15 Khajekian - conceptual art

25:55 Warhol’s 2 Cir decision

26:50 Gould & Khajekian - Richard Prince decision held not fair use

27:20 Khajekian - equity issue

28:40 Gould - UK courts’ emphasis on purpose, e.g., Stormtrooper helmet case

30:30 Drawdy - amount and substantiality of use

31:10 Gould - Australian case about Men at Work’s use of folk song Kookaburra in its pop song Down Under

32:20 Robershaw - dispute over Vanilla Ice’s Ice Ice Baby

33:00 Ed Sheeran

34:15 Getty case pending in UK

35:00 Khajekian - international versus US issues

37:30 Robershaw - test that contemplates level of effort or end result regarding AI output

40:30 Gould - risks involved with AI

40:50 EU’s application-based approach

41:10 AI for medical applications

41:55 detecting forgeries will still require humans, e.g., conflicting AI results regarding Raphael

42:50 implicit bias in AI

43:15 dogs detecting forgeries

43:40 chickens detecting shapes

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© Stephanie Drawdy [2024]