Friday’s Endnotes – 10/13/23

Shared fate: Protecting customers with generative AI indemnification — Google wants to be master of its own destiny. In a blog post this week, the company identified seven of its AI-based products for which it will indemnify a user if they get sued because Google’s training data used copyrighted material or if they get sued over the output they generate.

Thaler Appeals D.C. Court Decision Denying Copyright for AI-Generated Art — The first U.S. court decision on copyrightability of AI-generated art is heading to the circuit courts.

Photographer Says Miles Davis Tattoo is Not Fair Use After Andy Warhol Ruling — “A photographer, who is suing celebrity tattoo artist Kat Von D for using his photo of jazz musician Miles Davis as a tattoo for a client, has claimed that the inking is not a fair use of his work — after the U.S. Supreme Court’s ruling on The Andy Warhol Foundation v. Lynn Goldsmith case.”

Capitol Records fights Vimeo copyright protections in Second Circuit — “A dozen record labels asked the Second Circuit Court of Appeals on Thursday to hold Vimeo accountable for copyright infringement, saying the company ignored red flags when employees encountered recognizable recordings on the video-hosting website.”

Game of Thrones AI Completed Books Removed After Being Noted In George RR Martin Lawsuit — “The fan who released finished versions of the Game of Thrones books using AI has removed them after being named in George R.R. Martin’s lawsuit. Recently, Martin and several other authors teamed up to sue ChatGPT’s parent company OpenAI, alleging ‘mass-scale copyright infringement.’ The lawsuit specifically cited the fan who famously used ChatGPT to write finished versions of The Winds of Winter and A Dream of Spring, the final two volumes in Martin’s A Song of Ice and Fire series.”