[00:00:02] Speaker A: Ramping up your business. The time is near. You've given it hard, now get it in gear. It's passage to profit with Richard and Elizabeth Gearhart.
[00:00:12] Speaker B: I'm Richard Gerhart, founder of Gearhart Law.
[00:00:15] Speaker C: A full service intellectual property law firm specializing in patents, trademarks and copyrights.
[00:00:20] Speaker D: And I'm Elizabeth Gerhardt. Not an attorney, but I do marketing for Gearhart Law and I have my own startups and podcasts.
[00:00:26] Speaker B: Are you one of the two in five Americans wanting to start your own business or already a business owner? Stay tuned. This show is about starting and growing your business. Welcome to passage to the road to entrepreneurship, where we learn why and how ordinary people, just like you, started and grew their businesses. And we also talk about the intellectual.
[00:00:46] Speaker E: Property that helps protect your innovations. Now it's time for IP and the news. Today we're going to be talking about AI and copyright. And a court in California made a ruling recently.
[00:00:58] Speaker F: I don't like this ruling.
[00:01:00] Speaker D: We're going down the rabbit hole. What was that first music streaming source.
[00:01:03] Speaker F: That never paid the artists and everybody got mad.
[00:01:05] Speaker E: Wasn't that Napster or something? Yeah, yeah. A court in California made a ruling recently on the side of artificial intelligence. Three creators sued the artificial intelligence company chat, GPT, OpenAI, and they had made the claim that AI had used their creations as a basis for making more creations.
[00:01:28] Speaker B: And the court didn't say that that was wrong.
[00:01:30] Speaker E: The court just said, well, you guys didn't prove your case, and these were.
[00:01:34] Speaker B: Relatively small creators that had filed this lawsuit.
[00:01:37] Speaker E: I look at this and I say.
[00:01:39] Speaker B: Well, there wouldn't even be an AI.
[00:01:41] Speaker E: If people hadn't been creating, if there.
[00:01:43] Speaker B: Weren'T human creators in the first place.
[00:01:45] Speaker E: And so these companies are making huge profits by taking the creative work of other people and massaging it and coming out with something new and claiming it as their own.
[00:01:57] Speaker F: That was one judgment, one ruling.
[00:01:59] Speaker E: This whole area of the law right now is really jumbled and it's really a confusing spot for creators. Kenya, what do you think about all this?
[00:02:06] Speaker G: Hence why I'm not the biggest AI fan. I mean, I think I've spoken about that vocally on the show, about just being concerned about things like this and the usage of creators and just their ideas. I mean, who's to say that we're not being listened to and our ideas aren't being stolen and put out in the marketplace? Again, one of my faux pas when it comes to the world of AI.
[00:02:28] Speaker E: If they take the incentive away from.
[00:02:30] Speaker B: Creators to create, who's going to be creating.
[00:02:33] Speaker G: Exactly.
[00:02:34] Speaker E: Well, robots. Yeah, you're going to have robots that.
[00:02:36] Speaker B: Are just creating the same stuff over and over again.
[00:02:39] Speaker F: Creators will always create. Because I got to tell you, Richard and I were brainstorming and we have.
[00:02:44] Speaker D: A new segment at the end of the show, and the name of the.
[00:02:46] Speaker F: Segment just popped into my brain from the universe.
[00:02:49] Speaker H: I'm like, oh, my gosh, that just.
[00:02:51] Speaker F: Came from the universe. I don't think the universe is going to grant AI those kind of thoughts. Well, creators will always.
[00:02:56] Speaker H: Yes, there's lots of thoughts that the.
[00:02:59] Speaker E: Universe may not grant AI. We don't know about that.
[00:03:02] Speaker F: Creators will always create, but are they.
[00:03:04] Speaker G: Going to get credit?
[00:03:05] Speaker F: Well, they have to support themselves. So how are you, as a creator.
[00:03:09] Speaker D: Going to get paid for what you do?
[00:03:11] Speaker F: And that has to be legislated, I guess.
[00:03:13] Speaker E: And it's not that I don't like AI. I'm amazed by AI and all the amazing things that it can do. But the question is, is that the AI is drawing from something, right? And so if you kill the goose that lays the golden egg, then we're.
[00:03:29] Speaker B: Not going to have anything.
[00:03:30] Speaker E: And it's going to be so much harder for people who are creators to make a living. You create something and AI creates something that's 80% the same for practically no cost. That completely undermines the market for creator work.
[00:03:46] Speaker F: Yeah, but AI has to get a lot better because, for instance, I do.
[00:03:49] Speaker D: These stories, and in this one story, I had these two men with dogs, and I had AI create the image.
[00:03:54] Speaker F: And they mixed up their faces.
[00:03:55] Speaker H: So I dog had human elements.
[00:03:58] Speaker E: I remember seeing that my daughter had nightmares on that when you showed it to her, right.
[00:04:04] Speaker H: She couldn't.
[00:04:05] Speaker F: So a person isn't gonna do that.
[00:04:07] Speaker D: But I mean, it's only a matter.
[00:04:08] Speaker F: Of time before the AI does get better with that.
[00:04:11] Speaker D: So then.
[00:04:11] Speaker F: But where did it get the picture of the dog in the first place? It was from a creator.
[00:04:15] Speaker E: Yeah, it was a painting or something. So anyway, obviously this is a sore point for me, and I really hope that this ruling gets challenged. I don't think we need to stop the development of AI, but we at least need to make sure that the.
[00:04:30] Speaker B: People who are the creators are somehow.
[00:04:32] Speaker E: Getting compensated for this.
[00:04:34] Speaker B: And there was also a case where the New York Times sued OpenAI.
[00:04:38] Speaker E: OpenAI was like consuming all of the newspaper articles that the Times had written.
[00:04:44] Speaker B: And they weren't paying for it, you know, and the New York Times was mad about that.
[00:04:49] Speaker E: Anyway, more to come. Stay tuned.
[00:04:51] Speaker B: Passage to profit is a nationally syndicated radio show appearing in 31 markets across the United States. Thank you to the p two p team, our producer Noah Fleischman and our program director Alicia Morrissey. Look for our podcast tomorrow, anywhere you get your podcasts. Our podcast is ranked in the top 3% globally. You can also find us on Facebook, Instagram X, and on our YouTube channel.
[00:05:14] Speaker C: And remember, while the information on this program is believed to be correct, never take a legal step without checking with your legal professional first. Gerhardt Law is here for your patent, trademark, and copyright needs. You can find
[email protected] and contact us for a free consultation.
[00:05:30] Speaker E: Take care, everybody.
[00:05:31] Speaker C: Thanks for listening and we'll be back next week.
