this post was submitted on 26 Jan 2024
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George Carlin Estate Files Lawsuit Against Group Behind AI-Generated Stand-Up Special: ‘A Casual Theft of a Great American Artist’s Work’::George Carlin's estate has filed a lawsuit against the creators behind an AI-generated comedy special featuring a recreation of the comedian's voice.

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[–] [email protected] 5 points 1 year ago (5 children)

Impressionists have nothing to do with this.

If I scraped all Beyonce's videos, cut it up and join it into another video, and called it "Beyonce: resurrected", I'm not doing am impression. I'm stealing someone's work and likeness for commercial purposes.

Are you sad that your garbage generator is just a plagiarism machine?

[–] [email protected] 7 points 1 year ago (1 children)

Actually cutting it up into another video makes it transformative and it's protected under the DMCA. Thank you for proving you don't know what you're talking about. Take care.

[–] [email protected] 3 points 1 year ago* (last edited 1 year ago) (7 children)

Sure mate. You try selling a copy of it.

Likewise. You're either too dumb or stubborn to even google what "transformative work" is.

Typical "AI" techbro.

[–] [email protected] 2 points 1 year ago (1 children)

It's possible to get away with quite a lot under transformative use even when it's commercial, consider Cariou v. Prince for example: https://www.artnews.com/art-in-america/features/landmark-copyright-lawsuit-cariou-v-prince-is-settled-59702/

[–] [email protected] 2 points 1 year ago (7 children)

That is transformative work. Remixes are tranaformative work. Impersonations are transformative work.

Using a source and shuffling it around, then repackaging it as "from the same source" is not transformative work. It's copyright infringement.

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[–] [email protected] 1 points 1 year ago (1 children)

You try selling a copy of it.

I really want to drill this home, search YTP (YouTube Poop) on YouTube. The volume of evidence against your claim is enormous.

[–] [email protected] 2 points 1 year ago* (last edited 1 year ago) (2 children)

"evidence"

Take a Taylor Swift song. Sing on top of it. Try selling it with the name "Taylor Swift - I'm Not Dead"

You can sell it as "My garbage cover remix of Taylor Swift's song", but you cannot make an impression that this originated from Taylor Swift.

Same thing with Carlin, Beyonce, etc.

It is using the name and identical appearance of Carlin, to appear as if Carlin was speaking himself. A person who cannot read would not be able to differentiate. It is plagiarism and malicious copyright infringement.

[–] [email protected] 2 points 1 year ago (1 children)

Take a Taylor Swift song. Sing on top of it.

We've shifted the goalpost from splicing together her entire discography to singing on top of a song. Neither of which is what AI does, or what that channel did with Carlin's work.

A person who cannot read would not be able to differentiate

A person who can't read or hear. If you can't understand the narrator telling you for nearly a full minute that this is not George Carlin's work then you can't understand the next hour of the video that uses his voice anyways.

[–] [email protected] 1 points 1 year ago (3 children)

I'm trying to dumb down the problem so we can have a conversation. I am not saying it is what "AI" is doing.

I've said this elsewhere, a sticky note with a "no cppyroght infringement intended lol" is absolutely worthless.

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[–] [email protected] 1 points 1 year ago

I see so the law now depends on the illiterate and not the reasonable person standard?

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[–] [email protected] 4 points 1 year ago (1 children)

cut it up and join it into another video

If you think this is what AI is doing I recommend looking more into how generative AI actually works. Even if that was what it did, as long as the ones publishing the work are not claiming or leading people to believe that this is Beyonce's work, then who cares? Should the entire genre of YouTube Poops be paying royalties to all the commercials and politicians they sample and splice?

No, this is not (and never was) how copyright works, nor how it should work.

[–] [email protected] 3 points 1 year ago (2 children)

If you take a second to read the article, you'll knotice that the title of the supposed standup is literally "George Carlin".

[–] [email protected] 4 points 1 year ago* (last edited 1 year ago) (2 children)

The title is "George Carlin: I'm Glad I'm Dead (2024)" and it talks about his own death. Even if someone believes in communication beyond the grave to the extent that they could still mistake it as really being George Carlin, it's immediately explained as AI in the opening segment of the video.

[–] [email protected] 4 points 1 year ago* (last edited 1 year ago) (1 children)

A sticky note is not a legal disclaimer, nor it has any legal value. It's like writing a "disclaimer" about privacy on your facebook wall. There are many works that talk about death, resurrection, being undead, etc. Carlin being dead has nothing to do with the title being an obvious infringement.

[–] [email protected] 2 points 1 year ago* (last edited 1 year ago) (1 children)

A sticky note is not a legal disclaimer

Have you watched the video? It's a thousand times more obvious than any legal disclaimer I've ever seen. They are not in any way hiding the fact that it is using AI.

There are many works that talk about death, resurrection, being undead, etc.

Talking about death in the abstract is entirely possible while you're still alive. Creating material ~two decades after your own death about your death and events that happened since then, less so.

has nothing to do with the title being an obvious infringement.

Copyright doesn't protect names or titles.

[–] [email protected] 1 points 1 year ago (1 children)

The Beatles have just officially released a song with their dead singer's voice.

No? Go to Spotify and try uploading a track as Michael Jackson, see if copyright "doesn't protect names or titles."

[–] [email protected] 2 points 1 year ago (1 children)

The Beatles have just officially released a song with their dead singer’s voice.

Lennon's vocals were recorded before his death, and thus aren't about his own death and events occurring after it.

No?

To quote the US Copyright office:

Words and short phrases, such as names, titles, and slogans, are uncopyrightable because they contain
an insufficient amount of authorship. The Office will not register individual words or brief combina-
tions of words, even if the word or short phrase is novel, distinctive, or lends itself to a play on words.
Examples of names, titles, or short phrases that do not contain a sufficient amount of creativity
to support a claim in copyright include
The name of an individual (including pseudonyms, pen names, or stage names)
[...]

Go to Spotify and try uploading a track as Michael Jackson, see if copyright “doesn’t protect names or titles.”

I don't think Spotify allows individuals, as opposed to music distributors, to upload tracks at all - but more importantly their policies on impersonation are not what defines copyright.

[–] [email protected] 1 points 1 year ago (1 children)

Do you honestly think that context will matter legally, whether the dead "person" is talking/singing about love or their own death? This is nit-picking.

When I say copyright, I mean in a general sence. Infringement of IP might be a better suited phrase, but I assumed the synonymity was implied.

[–] [email protected] 2 points 1 year ago* (last edited 1 year ago) (1 children)

Do you honestly think that context will matter legally, whether the dead “person” is talking/singing about love or their own death?

Yes, there is legal relevance to whether a reasonable person would interpret the remarks as really being from George Carlin, thus painting him in a false light, and the whole concept of George Carlin riffing on events occurring after his death (plus the disclaimer preceding the video and in the description) is relevant to determining that.

When I say copyright, I mean in a general sence. Infringement of IP might be a better suited phrase, but I assumed the synonymity was implied.

I don't see how this tracks. Consider your following comment:

You’re either too dumb or stubborn to even google what “transformative work” is. Typical “AI” techbro."

Surely that's a reference to the character factor of fair use, a defense specifically against copyright infringement? It's not a term used in trademark law as far as I'm aware for example (and "George Carlin" is not a registered trademark anyway).

Were you just referring to, and telling them to google, the broad layperson definition of "transformative"? In which case I think you've misunderstood their comment, because I'm pretty sure at the very least they were referring to the fair use factor.

[–] [email protected] 1 points 1 year ago (1 children)
  1. Exactly my point that it is not clear, since it's exactly Carlin's likeness. A person who tunes in at a random moment has no idea that this is what it it stated in the beginning and could 100% assume it's Carlin.

  2. Techbros use "transformative work" as a catch-all for 'I moved a pixel; it's transformative!'. Making a standup comedy show from a person doing standup comedy show is using their exact likeness as a basis is not transformative work. You can also google and copy paste the requirements for work to be considered transformative.

  3. You're now conflating multiple discussion tracks to various comparisons, rough equivalences amd simplifications. I'm sure quoting random shit from our convo will make your point across.

I'm done, I feel like your not discussing this in good faith and just border-line sealioning.

[–] [email protected] 2 points 1 year ago* (last edited 1 year ago)

Exactly my point that it is not clear, since it’s exactly Carlin’s likeness. A person who tunes in at a random moment has no idea that this is what it it stated in the beginning and could 100% assume it’s Carlin.

It is incredibly clear. The fact that it would take a person to pause the video before the first three seconds, skip to a random point, ignore that the topic of the standup is events that occurred since his death and being an AI, fail to read the written notices on-screen and in the description, etc. is evidence of this.

using their exact likeness as a basis is not transformative work

I think you're still getting wires crossed between different domains of IP law in a way that makes your objection meaningless. Transformative nature comes in as a part of a fair use defense specifically to copyright infringement - whereas elements of a person's likeness, like their face or voice, are not protected by copyright.

[–] [email protected] 3 points 1 year ago

It really was good material and I liked the alluding that AI was as close to heaven as you can get. Too bad it has been taken down. Locking our culture up is a disservice to everyone who has ever existed.

[–] [email protected] 4 points 1 year ago (1 children)

The video spends nearly a full minute telling you that the channel is dedicated solely to AI content, and that this is not the work of George Carlin. It fills the entire screen with "THIS IS NOT GEORGE CARLIN" several times as the words are spoken by the narrator.

[–] [email protected] 5 points 1 year ago (1 children)

As valid as uploading a copyrighted song to Youtube and saying "No copyright infringement intended" in the description.

[–] [email protected] 3 points 1 year ago* (last edited 1 year ago) (2 children)

A complete false equivalence. Just because improper disclaimers exist, doesn't mean there aren't legitimate reasons to use them. Impersonation requires intent, and a disclaimer is an explicit way to make it clear that they are not attempting to do that, and to explicitly make it clear to viewers who might have misunderstood. It's why South Park has such a text too at the start of every episode. It's a rather fool proof way to illegitimize any accusation of impersonation.

[–] [email protected] 3 points 1 year ago (1 children)

The video is now private so I can't check, but I've read that the disclaimer stated that it was an impersonation.

That's not why south park had that "disclaimer". South Park doesn't need it, it's a parody.

[–] [email protected] 2 points 1 year ago

You're right, South Park doesnt need it either. But a disclaimer removes all doubt. The video doesnt need a disclaimer either, but they made it anyways to remove all doubt. And no, they disclaimed any notion that they are George Carlin. Admitting to a crime in a disclaimer is not what it said, that much should be obvious.

[–] [email protected] 1 points 1 year ago

Here's the summary for the wikipedia article you mentioned in your comment:

A disclaimer is generally any statement intended to specify or delimit the scope of rights and obligations that may be exercised and enforced by parties in a legally recognized relationship. In contrast to other terms for legally operative language, the term disclaimer usually implies situations that involve some level of uncertainty, waiver, or risk. A disclaimer may specify mutually agreed and privately arranged terms and conditions as part of a contract; or may specify warnings or expectations to the general public (or some other class of persons) in order to fulfill a duty of care owed to prevent unreasonable risk of harm or injury. Some disclaimers are intended to limit exposure to damages after a harm or injury has already been suffered. Additionally, some kinds of disclaimers may represent a voluntary waiver of a right or obligation that may be owed to the disclaimant.

^to^ ^opt^ ^out^^,^ ^pm^ ^me^ ^'optout'.^ ^article^ ^|^ ^about^

[–] [email protected] 2 points 1 year ago (2 children)

You're understimating what generative AI can do. I was shocked when I realized that GPT-3 was able to do creative writing, something that we thought would be out of reach after things like doing management and self driving cars. Turns out, creativity is what AI can actually do. Watch the video. This is like George Carlin but not using any of his material, instead creating something completely new in the style of George Carlin. They could have used the style and a slightly different voice, but they wanted to make a point here.

If your argument is that minds, be they artificial or human, are not allowed to learn from other peoples works then... well then that is a very immoral argument to make imho.

[–] [email protected] 1 points 1 year ago (2 children)

If you think that LLM has a "mind", there's no discussion with you, sorry.

[–] [email protected] 3 points 1 year ago (1 children)

That's not what I'm saying, What we currently have is more like the disembodied creative writing center of a brain, without memory or conscience but able to do creative writing. But it seems pretty clear now that we will have sentient artificial minds sooner than later.

And the last thing we need is to use intellectual "property" arguments to regulate this.

[–] [email protected] 2 points 1 year ago

without memory or conscience

Me: hey chatgpt how many words were in your last response to me

Chatgpt: there were 79

Me: what is the approximate limit on your contextual window?

Chatgpt: The approximate limit on my contextual window is around 2048 tokens, which usually translates to around 1500 words, depending on the complexity and length of the words used. This limit affects how much text I can consider from previous interactions in a single conversation.

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[–] [email protected] 1 points 1 year ago

Here is an alternative Piped link(s):

video

Piped is a privacy-respecting open-source alternative frontend to YouTube.

I'm open-source; check me out at GitHub.

[–] [email protected] 2 points 1 year ago* (last edited 1 year ago) (1 children)

Wait did Beyoncé die?

Edit: no.

[–] [email protected] 1 points 1 year ago (1 children)
[–] [email protected] 1 points 1 year ago (1 children)

That title had me having to check though.

Again, video editing, plagiarism, and garbage generation have all always been possible. All AI did was make it easier.

That’s like being mad at matches because now anybody can make a fire, and by George, one of those fires could burn down an orphanage. But just forget about all the good things that fire can do like cook food or provide heat or forge steel or whatever else you use your fire for idk I’m not here to judge or kink shame you.

If the skills required are the justification for making AI bad, that’s cool. Let me just take away your GPS apps until you become a pro at operating a sextant.

[–] [email protected] 1 points 1 year ago (1 children)

No disagreement here. I'm using GPT for basic programming help.

Better tools, faster, skill bla bla bla. I couldn't give two shits about the contemporary garbage created. It's jut not interesting to me. It's like listening to someone about a dream they had.

"AI" isn't bad, it's the garbage that's being pushed as revolutionary. Nothing has changed. If you can't write a good poem, even if AI writes it for you, you still can't write a good poem. And that is what matters to me.

Any image generated by the garbage collecting machine using my input will never be better than my scribble on a piece of paper. Because it's just not "my".

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[–] [email protected] 1 points 1 year ago

Theft means to deprive someone of their property. How is editing a video of Beyonce doing that? The owners of the videos still have it.