George Carlin’s heirs sue comedy podcast over “AI-generated” impression

hillspuck

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I wonder if the podcast might have actually hoped for this. Dumber things have happened. It certainly put the name of the podcast out in front of far more people than it was before. Especially if it was really just some guy(s) doing a voice and person creating a hacky Carlin routine. If so, perhaps the suit would be dismissed before it cost them more in legal fees than they got back in promotion.

I don't really believe in the "any publicity is good publicity" platitude, but it's not entirely wrong.

Edit: typo
 
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Kyle Orland

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I wonder if the podcast might have actually hoped for this. Dumber things have happened. It certainly put the name of the podcast out in front of far more people than it was before. Especially if it was really just some guy(s) doing a voice and person creating a hacky Carlin routine. If so, perhaps the suit would be dismissed before it cost them more in legal fees than they got back in promotion.

I don't really believe in the "any publicity is good publicity" platitude, but it's to entirely wrong.
I'm sure a desire for attention was a big part of the motivation for making the special. But I think they were probably hoping for "cease and desist letter" levels of controversy and not "federal lawsuit from Carlin's estate" levels.
 
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Navalia Vigilate

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I watched a few minutes and it was nearly a full repeat of old material. Carlin was smarter than that, he created new material all the time. Usually when someone recreates an artist, they add something to the library of the past and add to the experience. This is just someone hoping for views and a payout.
 
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I wonder if the podcast might have actually hoped for this. Dumber things have happened. It certainly put the name of the podcast out in front of far more people than it was before. Especially if it was really just some guy(s) doing a voice and person creating a hacky Carlin routine. If so, perhaps the suit would be dismissed before it cost them more in legal fees than they got back in promotion.

I don't really believe in the "any publicity is good publicity" platitude, but it's to entirely wrong.
I'm pretty sure they did, at least, use AI to deepfake the voice. That's entirely in the realm of possibility; people have also done that with songs, to make legendary singers "cover" newer material.
 
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alansh42

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Here's an interesting question: what if they reveal the script was actually human written?

I don't actually know, but does Legends in Concert have to get a license from the Elvis estate?
 
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Kyle Orland
Kyle Orland
That might help with the AI model-training copyright infringement claims, but wouldn't help at all with the "name and likeness"-related claims, AFAICT.
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Here's an interesting question: what if they reveal the script was actually human written?

I don't actually know, but does Legends in Concert have to get a license from the Elvis estate?
That's an interesting question, actually. I found a few articles about Elvis's estate trying to claim rights over his likeness and force impersonators to pay royalties in 2022, but I have no idea what the resolution of that was.
 
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alansh42

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That's an interesting question, actually. I found a few articles about Elvis's estate trying to claim rights over his likeness and force impersonators to pay royalties in 2022, but I have no idea what the resolution of that was.
I just looked at their website and Legends in Concert does seem to be working with Elvis Presley Enterprises.
 
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ManuOtaku

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If a person, company,etc., wants to go this way, at the bare minimum ask the family permission, then involve the family in the process, and then if the product sells beyond budget costs, share the fair share for all parties involved. It shouldn´t be that hard.

If it is not possible, then do other things, and if it is possible It might end up being supported or not by fans, but everybody did their best to avoid instances like this and to offer a product that honors the person in question.

AI Shouldn´t be devoid of decency, good practices and common sense.
 
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Jordan83

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I wonder if the podcast might have actually hoped for this. Dumber things have happened. It certainly put the name of the podcast out in front of far more people than it was before. Especially if it was really just some guy(s) doing a voice and person creating a hacky Carlin routine. If so, perhaps the suit would be dismissed before it cost them more in legal fees than they got back in promotion.

I don't really believe in the "any publicity is good publicity" platitude, but it's to entirely wrong.

I personally had never heard of this podcast before this whole incident. I have zero intention of checking out any of the material (the whole premise just sounds ridiculous and too hokey to me), but it was at least minimally successful in spreading the name, if the "any publicity" angle is what they were going for.
 
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markgo

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Here's an interesting question: what if they reveal the script was actually human written?

I don't actually know, but does Legends in Concert have to get a license from the Elvis estate?
Unlike music, spoken comedy doesn’t have performance rights, which specifically exclude anything that isn’t “musical works” under the consent decrees covering BMI and ASCAP.

So, not the same. Music allows for covers, legally, as long as rights fees are paid. Comedy does not.

https://www.broadcastlawblog.com/20...pros-claim-that-additional-royalties-are-due/
 
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thrillgore

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Unlike music, spoken comedy doesn’t have performance rights, which specifically exclude anything that isn’t “musical works” under the consent decrees covering BMI and ASCAP.

So, not the same. Music allows for covers, legally, as long as rights fees are paid. Comedy does not.

https://www.broadcastlawblog.com/20...pros-claim-that-additional-royalties-are-due/
If 'Comedy' officially allowed for covers, the physicality and wringing of hands over plagiarism in the profession would be felt far and wide.
 
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I mean yeah this is a horrible idea. But can you not link to the actual video? Can you just do an image of the loading screen of it?
Personally, I prefer the link. If, I, as a serious reader, who might want all the information I can get on the article's topic, appreciate the courtesy of the link, which provides immediate access to additional important information that helps me to more fully understand and to make informed judgments. The inclusion of the link is a journalistic professional courtesy.
 
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stdaro

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'AI learns like humans do' is absolute unfounded bullshit. It is, unfortunately, espoused by some in the AI community who should know better, because it feed the current wave of AI hype that is very lucrative for people taking VC money for their startups.

The predominant algorithm for training models is stochastic gradient descent. You take a very high-dimension matrix of 'neurons', guess randomly at the values of connections between them, and then keep iteratively guessing new values for all the weights, while computing how 'right' the output is, along the hyper-dimensional gradient. The only thing really complicated about it, is just how freaking huge the matrixes are.

Biological cognition is not a random guessing machine. It has hard-wired heuristics, and an ability to create internal models that is absolutely not preset in artificial 'intelligence'.

Artificial intelligence, as it exists today, is closer to a compression algorithm than thinking.
 
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ManuOtaku

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But the AI is not doing an existing Carlin routine, it's doing a Carlin-like performance. That's the problem with using existing copyright against AI, the output is not what usually counts as a "copy" or derived work. "In the style of" is not copyrightable.

Complicating things here are publicity rights and trademark. Elvis® is trademarked so use of the name in commerce is restricted. Don't know about "George Carlin".
Without the lybrary of routines-videos-material, the life- like performance could have been possible, I mean for the AI to do it?
 
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If a person, company,etc., wants to go this way, at the bare minimum ask the family permission, then involve the family in the process, and then if the product sells beyond budget costs, share the fair share for all parties involved. It shouldn´t be that hard.

If it is not possible, then do other things, and if it is possible It might end up being supported or not by fans, but everybody did their best to avoid instances like this and to offer a product that honors the person in question.

AI Shouldn´t be devoid of decency, good practices and common sense.
Exactly. The Fast and Furious series is dumb popcorn fun but their handling of Paul Walker's character has been a respectful use of a likeness so far.

It's rumored that AI & CGI might be used to give his character a final appearance in the last movie (Fast 11), but if so it's being done in consultation with his family and to fit the "family" theme of the series that some people mock.
 
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M3000P

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I wonder if the podcast might have actually hoped for this. Dumber things have happened. It certainly put the name of the podcast out in front of far more people than it was before. Especially if it was really just some guy(s) doing a voice and person creating a hacky Carlin routine. If so, perhaps the suit would be dismissed before it cost them more in legal fees than they got back in promotion.

I don't really believe in the "any publicity is good publicity" platitude, but it's to entirely wrong.
Yeah and now I'm rolling my eyes at a podcast called "Dudesy". I'm assume they're sponsored by soon to be failing niche subscription services.
 
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ManuOtaku

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Carlin's shows and albums are legally available. First sale doctrine means you can do anything with it once you buy it other than distribute copies or derived works. Derived work is probably the best argument, but "in the style of" doesn't usually count as a derived work.
Let´s see how courts and experts view derived work under AI lens. To me it falls under that, since without them, the AI could have not done its life-like performance, also I Will argue the life-like term can be considered a form of derived, under the AI technology lens.

But like I said, let´s see how it goes- plays in the verdict.
 
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