Copyright Advocate & Author David Newhoff on State Sovereign Immunity, IP, AI and Artists' Rights - A 2ND Saturday Conversation

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Cover Photo of David Newhoff by Sean Mekas
To learn more, please visit Mr. Newhoff's site as well as his blog, The Illusion of More.
Show Notes:
1:45 Newhoff’s background
4:15 impetus to write Who Invented Oscar Wilde?: The Photograph at the Center of Modern American Copyright?
6:15 SCOTUS’s Warhol decision
10:00 Sarony’s input compared with and AI users’ input
14:00 Newhoff’s comments to USCO’s NOI and Request for Comments
17:20 compulsory licensing scheme
18:50 RightsClick
25:45 USCO’s focus on how a work was created (by AI or human) versus leaving that to courts
25:55 feedback on his comments to USCO
32:00 AI copyright lawsuits in the US
36:25 liability for AI training data
40:45 Emily Gould: whether training involves making copies, EU exception for copies
43:00 whether US copyright is still fit for purpose in light of issues raised by AI
44:20 work “in the style of”
48:40 Deborah Roberts vs Lynthia Edwards - suit over collage works
52:30 Alan Robertshaw: threshold of infringing work versus transformative work
54:50 why use AI to create artwork
56:45 NFT hype
57:35 the legacy Newhoff hopes to be creating
58:50 Newhoff’s view of justice
1:01:00 status of Allen v. Cooper and Allen’s pending constitutional takings claim
1:04:00 camouflage patents
1:05:20 change from allowing IP claims against states to decision that Congress does not have that authority and 11th Amendment’s restriction of individuals bringing suit against states controlled

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© Stephanie Drawdy [2024]

Chapter

1. Copyright Advocacy, Photography, and AI (00:00:00)

2. Copyright and Fair Use in AI (00:06:55)

3. Affirmative Action and Copyright Protection (00:19:38)

4. Questioning AI's Impact on Copyright Claims (00:27:54)

5. Problematic Claims and Copyright Law (00:32:28)