Protecting Your Intellectual Property in the Age of AI - Episode 313 - Show Notes

Protecting Your Intellectual Property in the Age of AI - Episode 313

Sunday Jul 9, 2023 (00:50:33)


In recent years, artificial intelligence (AI) has made significant advancements, revolutionizing various industries and transforming the way we live and work. However, with these advancements come complex legal and ethical challenges, particularly in the realm of intellectual property (IP). The podcast transcript titled "AI and Intellectual Property Issues" delves into these concerns and explores the legal implications surrounding AI's use of copyrighted material.

Training data and copyright infringement

Training data and copyright infringement are two concepts that intersect in the realm of artificial intelligence (AI) and raise important legal and ethical questions. Avram Piltch explores these issues, providing insights into the complexities surrounding the use of training data and its potential implications for copyright infringement.

One of the key arguments is whether the use of training data by AI models constitutes a copyright violation. In the case mentioned, OpenAI was sued by Sarah Silverman and others based on the premise that the system had detailed knowledge about a book, which led to questions about how they acquired this information if it was not included in their training data. This raises concerns about scraping websites where the book had been posted, potentially infringing on the copyright of the original content creator.

However, there is legal precedent surrounding caching as a transformative use. Google's cache of web pages have been ruled by the courts that caching and indexing web pages are legally protected and considered fair use. This implies that having data on a server, even if it was downloaded from copyrighted content, may not necessarily make an entity guilty of copyright infringement. However, this would still need to be defended as fair use in court.

Another factor that comes into play is whether the new work created using the training data competes with the original work. If the AI-generated output directly competes with the original content, it may not be considered transformative and could potentially lead to a copyright infringement claim. An example is a case where someone modified a photo of an Andy Warhol painting and attempted to sell it to a magazine. The court ruled that this modification still competed within the market for the original image, resulting in a copyright infringement verdict.

There is also a level of difficulty that journalistic publications may face when filing copyright infringement lawsuits. While creative expression is protected by copyright, facts cannot be copyrighted. If a journalistic publication's work is being summarized or the facts are being taken without word-for-word plagiarism, it becomes more challenging to make an infringement claim. This highlights the nuances and complexities of copyright protection in different contexts.

In conclusion, Avram sheds light on the complex and evolving landscape of AI and intellectual property issues. It highlights the need for further legal and ethical discussions surrounding fair use, liability, and the protection of content creators' rights. As AI continues to advance, it is crucial to find a balance between innovation and respecting intellectual property rights in the digital age. The legal precedent surrounding caching and transformative use provides some guidance, but the specific application of these principles to AI-generated content remains a topic that will likely be fought out in court.


Scott Ertz


Scott is a developer who has worked on projects of varying sizes, including all of the PLUGHITZ Corporation properties. He is also known in the gaming world for his time supporting the rhythm game community, through DDRLover and hosting tournaments throughout the Tampa Bay Area. Currently, when he is not working on software projects or hosting F5 Live: Refreshing Technology, Scott can often be found returning to his high school days working with the Foundation for Inspiration and Recognition of Science and Technology (FIRST), mentoring teams and helping with ROBOTICON Tampa Bay. He has also helped found a student software learning group, the ASCII Warriors, currently housed at AMRoC Fab Lab.

Avram Piltch


Avram's been in love with PCs since he played original Castle Wolfenstein on an Apple II+. Before joining Tom's Hardware, for 10 years, he served as Online Editorial Director for sister sites Tom's Guide and Laptop Mag, where he programmed the CMS and many of the benchmarks. When he's not editing, writing or stumbling around trade show halls, you'll find him building Arduino robots with his son and watching every single superhero show on the CW.

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