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

Warfare of Art & Law Podcast

Send us a Text Message.

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

Please share your comments and/or questions at [e-mail]
To hear more episodes, please visit Warfare of Art and Law podcast's website.
Music by Toulme.
To view rewards for supporting the podcast, please visit Warfare's Patreon page.
To leave questions or comments about this or other episodes of the podcast and/or for information about joining the 2ND Saturday discussion on art, culture and justice, please message me at [e-mail].
Thanks so much for listening!
© Stephanie Drawdy [2024]

Fejezetek

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)