Photographer credit for Anja Neubauer: self-portrait created with an AI tool.
Show Notes:
2:30 Prof. Tim McFarlin’s focus on copyright and authorship
3:30 Dr. Caterina Moruzzi’s philosophical/design perspective / focus on authenticity
5:00 Dr. Anja Neubauer's focus on global AI/copyright framework
5:50 Artist Lisa Lebofsky’s perspective on AI as a nomadic painter
8:45 “Authenticity Unmasked”–looking at the artistic process not the product
9:55 “Authenticity Unmasked” insight-centrality of human perspective
12:00 Neubauer–redefinition of terms like originality in light of emerging tech
13:30 Getty v. Stability finding outputs are not copies so not infringements
14:55 McFarland–genAI’s scale and redefining understanding of terms
17:05 US state and federal laws
19:00 need for unified global protection
19:50 Alan Robershaw – UK Getty decision’s technical focus on the process
21:40 Defining originality
22:10 Getty opinion at 601 v. AI models are memorizing/making copies
24:00 Robertshaw - one step away from judicial definition of consciousness
24:40 McFarland – scale is the concern
25:35 Lebofsky – how prior claims of infringement fit into AI/appropriation of artists’ works
26:20 McFarland – ‘substantially similar’ takings are prima facie infringement subject to fair use defense
27:10 consideration of outputs flooding the market harm
29:25 Lebofsky – use of AI through tools like AI Charm Lab app
31:00 Lebofsky’s view of threats to her style and her language
32:45 human requirement for ‘authorship’ and consumer trends
35:55 Moruzzi – human effort to value the process
37:15 Process visible in generative AI circa 2015 v. current genAI’s less visibility and thus less authenticity
38:30 Anthroprocentric – human need for authorship
40:20 Robershaw - Monkey-selfie case; animal versus machine personhood
43:15 McFarland – Arkansas statute on AI
44:40 Gould – UK Section 9(3) - limited copyright for output in person who organized the output
45:00 Neubauer – issue of term “equipment” for tools
46:50 Gould – current copyright legislation is not fit for purpose
48:35 Distinction between camera use and AI model training
49:05 Copyright Criminals documentary regarding music sampling
50:00 Sampling case involving Kraftwerk
51:35 Moruzzi – response to consultations
53:00 McFarland – extent of law v. parallel tracks to copyright or other alternatives to preserve and protect human creativity
54:00 Stefania Salles Bruins–solutions outside the law
54:40 Copyright not fit for purpose
55:20 Neubauer - Shift in definition of artwork
55:45 Lebofsky – how to establish boundaries
57:25 Robertshaw re: Lebofsky’s paintings
58:00 Salles Bruins – Lebofsky’s coding that cannot be replicated
Please share your comments and/or questions at stephanie@warfareofartandlaw.com
Music by Toulme.
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Thanks so much for listening!
© Stephanie Drawdy [2025]
