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Tag: AI
AI, Human Authorship and IP Protection Issues
Can content created with artificial intelligence (AI) be protected by intellectual property rights (like copyright)?
What is “human authorship?”
Do you know why copyright law only protects “the fruits of intellectual labor” that “are founded in the creative powers of the [human] mind?”
Are you aware that the copyright office will not register works “produced by a machine or mere mechanical process” that operates “without any creative input or intervention from a human author?”
For a more detailed analysis, see my two videos below (from the metaverse), listen to my 5 minute podcast episode, and also see the seven-page letter from the United States Copyright Office dated February 14, 2022, with the link below. The letter specifically addresses the issue of whether AI content can be copyrighted and what the requirements are.
Please stay in touch and have fun leveraging this new technology!
Mitch Jackson, Esq.
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Resources
Video #1
Video #2
https://www.linkedin.com/posts/mitchjackson_ai-web3-metaverse-activity-7006636313588240384-ekGL
Podcast episode on Spotify
Seven-page letter
Digital Addiction, AI, Deep Fakes, the Metaverse, Privacy, Security, and Harm to The Human Race
I’m worried about the dangers of social media, AI, deep fakes, metaverse privacy, security, misrepresentation, and fraud. So much so that I’ll be spending much of my time in 2023 studying, talking about, and possibly even litigating these issues.
Digital media is addicting
Digital media has become integral to our daily lives, but its highly addictive nature has raised concerns. As Anderson Cooper explored in his 60 Minutes piece, Silicon Valley is engineering your phone, apps, and social media to get you hooked.
The Netflix documentary “The Social Dilemma” examines how social media’s design nurtures addiction to maximize profit and its ability to manipulate people’s views, emotions, and behavior and spread conspiracy theories and disinformation.
Now add AI and the metaverse into the mix
My concern is that when you add artificial intelligence and the metaverse into the mix, these additional factors will only become more powerful and dangerous.
AI will analyze, evaluate, and then serve content to your devices and experiences that your brain wants to see 24/7. You won’t know what’s coming, but the AI will.
Metaverse VR headsets and experiences will add millions of new data points to company databases every 20 minutes (facial expressions, reactions, time spent, and points of interest in virtual spaces and environments). This new information will be used and sold as desired (see the TOS agreements).
Once this data is served into the different algorithms, the providers will control what you see, think, and do.
Deep fake audio and video
Distinguishing between what’s real and what’s fake will eventually become impossible for most consumers.
Adobe already has audio technology called Adobe VoCo that allows anyone to sound exactly like someone else. Work on Adobe VoCo was suspended due to ethical concerns, but dozens of other companies are perfecting the technology, with some offering alternatives today. Take a look, or listen, for yourself:
Picture and video versions of deep fake videos are getting better and better. Sometimes, it’s impossible to tell the fake videos from the real ones.
Human manipulation
Without implementing safeguards, we’re only three to five years away from this technology manipulating the financial markets or threatening nuclear war. Decentralized web3 platform blockchain technology may make it impossible to identify the wrongdoers and remove the deep fake content from the Internet and other platforms.
Private data and security
Don’t even get me going on the current and future challenges relating to companies that use and sell our private data. The above new factors will increase the amount and kind of data recorded by 1000X and make that data much more valuable to the highest bidder.
Current internet and data security systems will become inadequate.
In the near future, AI will easily be able to breach most security systems without too much effort. Codes and recognition systems (passwords, fingerprints, face, voice) will be duplicated and used for improper purposes.
Corporate espionage and blackmail, which are already happening but often unreported, will increase in frequency, scope, and size.
Tangible and digital assets, including cryptocurrency held in once relatively safe digital wallets, will be exposed to bad actors, including foreign governments.
This conversation is essential.
Please understand that I’m not trying to put fear into anyone reading this post. I’m a big advocate of using this technology to improve our personal and professional lives and, frankly, make the world a better place.
However, at the same time, I want everyone to appreciate the following:
If people are easily manipulated by today’s incomplete and misleading conspiracy-driven fake news on television and the Internet, imagine what will happen in the near future when you toss AI and deep fake technology onto the misinformation fire?
When you add the additional elements of AI, deep fakes, and millions of new data points to the mass media persuasion engine, the fake news will become much worse and, in all likelihood, indistinguishable from the actual facts. When this happens, humanity will be in serious trouble.
Questions for your consideration and feedback
So what can we do to keep everyone safe?
Extensive regulation is necessary. Any piece of manipulated or fake content should be required to prominently display a letter or warning, much like the movie (G, PG, R, and X) or music industries (Parental Advisory warning label ). Maybe something like “Digitally Altertered” or “DA.”
What steps can we take to regulate authentic and accurate content from fake and misleading content?
National and international civil and criminal laws and penalties must be established and enforced.
What can we do to educate society about these issues moving forward?
Conversation is always good. I’d like to see an AI service that allows us to input a URL or actual content to determine if a digital file has been altered from the original.
What do you think? What suggestions do you have moving forward?
What did I miss? What would you add to this conversation?
Stay safe!
PS- The video at the top of this post is AI generated through a service I use called Synthesia, and much of this written post was created for me using the new OpenAI ChatGPT.
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⚖️ I’m a lawyer with three decades of experience who enjoys helping others.
🔦 I shine a bright light on others by pinning and sharing their content.
🔔 Please follow me to be notified when I post and go live.
💡 Each day, I try to add value to our community.
What is “Human Authorship,” and why is it necessary to obtain copyright protection for your Artificial Intelligence Content?
Earlier this week, I shared a video with a few questions about whether or not artificial intelligence (AI) created content can be protected by intellectual property rights like copyright protection.
The following day, I shared a second video explaining why creators using AI to create content for commercial purposes should dive deep and do their due diligence as to what rights they have while being transparent with clients regarding all ownership and licensing issues relating to the finished delivered product. Links to each video are below.
Many of you have reached out about the term I referred to in the first two videos. It was the phrase “human authorship.” You asked, what is human authorship? How does the human authorship element come into play when it comes to copyrighting AI-created content?
What most consumers are not aware of is that copyright law only protects “the fruits of intellectual labor” that “are founded in the creative powers of the [human] mind.”
Furthermore, the copyright office will not register works “produced by a machine or mere mechanical process” that operates “without any creative input or intervention from a human author” because, under the statute, “a work must be created by a human being.
In summary, the copyright office will refuse to register an item if the office determines that a human being did not create the work.
To be eligible for a copyright, the applicant must state that the work is the product of “human authorship.”
For a more detailed analysis, see the seven-page letter from the United States Copyright Office dated February 14, 2022, with the link below. The letter specifically addresses the issue of whether AI content can be copyrighted and what the requirements are.
I’m here if you need me. Otherwise, enjoy the journey, and make each day your masterpiece!
Please stay in touch and make today your masterpiece!
Mitch Jackson, Esq.
Metaverse https://spatial.io/@mitch
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Resources
Video #1
https://www.linkedin.com/posts/mitchjackson_ai-web3-metaverse-activity-7006359019342741504-Ij5t
Video #2
https://www.linkedin.com/posts/mitchjackson_ai-web3-metaverse-activity-7006636313588240384-ekGL
Seven-page letter
https://www.copyright.gov/rulings-filings/review-board/docs/a-recent-entrance-to-paradise.pdf
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Let’s stay connected:
⚖️ I’m a lawyer with three decades of experience who enjoys helping others.
🔦 I shine a bright light on others by pinning and sharing their content.
🔔 Please follow me and hit the bell to be notified when I post and go live.
💡 Each day, I try to add value to our community.
My AI Artwork
I’m excited to share my AI artwork with you. The pieces are motivated by my personal life experiences. Please stop by OpenSea or my VR gallery in the metaverse.
New Artificial Intelligence Copywriting Service
To all the busy lawyers, business owners, and entrepreneurs in my life.
How would you like to have an AI tool save you time while writing all of your marketing copy and content…
Continue reading “New Artificial Intelligence Copywriting Service”
Listen- Can You Tell The Difference? Artificial Intelligence, Fake Audios, Pics and Videos
I just watched a video from AI startup Dessa. Several of its engineers created a voice clone, perfectly mimicking the sound (tone, word choice, voice inflection…) of podcaster, comedian and MMA-commentator, Joe Rogan. Watch and listen here.
Can you tell the difference between the real Joe Rogan and the AI Joe Rogan? Are you as blown away by this AI technology as I am?
These are fascinating times. I’m a big fan of tech but, as a trial lawyer who thinks about foundation and authenticity evidentiary issues during trial, I’m concerned that many lawyers, judges and jurors, are going to be intentionally mislead by this kind of technology. People and companies are going to win and lose cases, and some will go to jail, because of fake evidence created with these AI tools.
I talked about similar technology in my 2017 blog post, “Fake News, Adobe VoCo and Authenticating Evidence” and also the positive side of using tech in trial in my 2016 post “Using Virtual Reality, Augmented Reality and Sensory Devices in the Courtroom!”
Even video is being altered every single day. Here’s a good example to help remind everyone that what you think you’re hearing and seeing may not actually depict the truth.
One of the reasons I agreed to be a contributing expert to our California State Bar’s “Effective Introduction of Evidence in California- Chapter 54 Electronic and Social Media Evidence” was to highlight these issues and, show lawyers how to protect the best interests of their clients. As technology gets better and better, so will the challenge of figuring out the difference between fact and fiction. The more we all know about this new AI, the better off we’ll be as a society.
I hope I’ve given you a few things to think about. Enjoy the rest of your day and make this weekend your masterpiece!
P.S. Yes, it’s really me, and not an AI bot, writing this post 😉
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Mitch Jackson is an award winning California trial lawyer. He’s also a business, legal, and digital consultant, speaker and founder of the LegalMinds Mastermind. Mitch is the author of “The Ultimate Guide to Social Media for Business Owners, Professionals and Entrepreneurs.”