Entertainers and Athletes are Learning to Live with A.I. Algorithms – One Byte at a Time

The Writers Guild of America’s 146-day strike may be all but ratified, but for others in the entertainment industry – like the striking actors and collegiate athletes – whose name, likeness and image are their most valuable assets, things are just heating up. 

Name, image and likeness, or NIL, are more vital to livelihoods now that the Supreme Court of the United States has upheld a lower-court decision allowing student-athletes to receive education-related benefits such as scholarships. This change in student-athlete status is expected to encourage future challenges to the NCAA’s current amateurism business model.

It is not clear if generative artificial intelligence on platforms like ChatGPT, Google’s Bard and Microsoft’s Bing will become a threat to rights of creators, athletes and others, employing their work without permission or compensation, or a tool for more efficient output and higher visibility.

The first challenge: How much of the content that these AI algorithms use to provide responses considered “fair use” and how much must be licensed from owners, many of whom are unaware their work is even being used?

Another challenge: How accurate are the responses? Are they subject to  biases, conscious or subconscious? There is no easy way of knowing.

It is not clear right now who owns the A.I. reponses, accurate or not, and if they are used in new works, are they covered under “fair use?”

One thing is for sure, A.I. with its myriad challenges, is here to stay. Learning to live with it will be something members of creative industries, owners and users will need to figure out.

On Wednesday April 27th, the U.S. IP Alliance (USIPA) is hosting a Virtual IP Roundtable Discussion: “How Do We Coexist with Al in Entertainment, Arts and Sports?”

Panelists include:

  • Bruce Siegal (Greenspoon Marder LLP)
  • David Lowery (UGA Professor and Music Celebrity/Lead Singer & Songwriter of Camper Van Beethoven and Cracker)
  • Lana Love (Celebrity Singer/Songwriter, Producer and Educator)
  • Keith Kupferschmid (CEO Copyright Alliance)

Moderating will be IP CloseUp editor and publisher, Bruce Berman, Brody Berman Associates CEO and Chairman and Co-Founder of the Center for Intellectual Property Understanding. Bruce is also a USIPA board member.

Opening thoughts will be provided by George York, Senior Vice President of the Recording Industry Association of America.

Register for free here: https://www.usipalliance.org/entertainment-arts-sports.

For more background, tap here for the Understanding IP Matters podcast, “AI Bots, Creators and Copyright: Learning to Live Together.” Panelists Lana Love and Keith Kupferschmid are featured.

Image source: learnow.live; USIPA

 

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