Led Zeppelin transformed Howlin’ Wolf’s Killing Floor into The Lemon Song, leading to a copyright dispute centered the extent to which Howlin' Wolf's creative work remained. According to the US Copyright Office when AI is inder AI the question instead becomes "How much human creativity exists?" A recent Executive Order replacing “Artificial Intelligence” (AI) with “Super Intelligence” (SI) in federal executive communications may seem just to involve semantics since it doesn't change copyright law. However, words influence perceptions. If the EO's terminology takes hold, calling the technology SI could encourage us to treat it as an extension of instead of a substitute for human creativity.
Read MoreAn episode of Peacock's Cold War era spy show, PONIES, is set at an Elton John concert in Moscow. Peacock worked closely with Elton John's representatives and used his persona with permission, and everyone knows there is an actor impersonating Elton John. However, the same isn't true with AI generated images. AI is a valuable tool that can speed up many business processes, including speeding up the process of creating images for marketing materials. However, there's no transparency regarding the source of AI-generated images, and when those images resemble an actual individual, it raises right of publicity and copyright concerns. Read our article to learn about these legal concerns, what state laws apply when AI uses someone's image without authorization, and how the NO FAKES Act would create a national standard in this quickly developing area.
Read MoreBeethoven's late quartets were transformative but not necessarily well-received because they didn't conform to the technical expectations of the time. Law is like music in this respect -- document preparation requires both technical competence and an artful approach to create a structure that meets the clients' and transactions needs — and the artistic part of law is often underappreciated. Some view AI as a replacement for conventional legal advice -- they believe they can rely upon software to write their wills or create basic business documents without the benefit of an attorney.
However, this viewpoint overlooks the skill and art involved in lawyering. AI is dependent on the knowledge and skill of the user in crafting instructions — skill that attorneys develop only after years of experience. Although AI can be valuable tool that addresses many of the the "scientific" aspects of law and frees attorneys to focus on the art of creating documents customized to their clients' needs, AI isn't yet a replacement for sound legal advice.
Read More17th century volins made by Antonio Stradivari continue to be the gold standard for violin making. Yet no one has determined whether it was Stradivari's artistic or scientific skill - or both -- that enabled him to create his masterpieces. In comparison to making a violin, preparing a legal document may seem like a rote, scientific task, devoid of artistic merit. However, like Stradivari, attorneys should spend a lifetime developing both the art and science of legal drafting so they can create documents that are so masterful that they seem benign. Although AI might be able to replicate the science of a basic contract, so far, only an attorney who approaches contract drafting as an art can prepare a customized, easy-to-read legal document that meets a client's and transaction's needs.
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