Copyright updates: Is AI the next frontier in copyright’s struggle to keep up? with Kevin Smith, Director of Libraries at Colby College and National Expert in Copyright Law
Copyright law always lags behind the development of new technologies, and many of the most interesting controversies arise in the gaps. Fair use, of course, exists to help address these issues, but, when confronted with the new capabilities of machine learning and Artificial Intelligence (AI), fair use may not be enough. In this session we will discuss the latest cases and controversies about AI, including two recent lawsuits. We will look at these issues with an eye to how they impact all of the planning on campuses right now about ChatGPT. We will consider how the many uncertainties about the copyright status of AI inputs, tools, and outputs impacts the process of litigation and the available defenses. Because fair use is such an important part of this discussion, we will pay attention to the case currently pending before the Supreme Court of Goldsmith v. Andy Warhol Foundation for the Arts.