AI and the Law, Explained: UnCommon Law’s 6-Episode Podcast Series

This season of UnCommon Law is about artificial intelligence and the law. It’s about all of the ways that AI will impact our lives, and all of the ways that the law intersects with it.

We begin our look at AI by examining the controversial development of large language models, developed through the unauthorized use of massive troves of copyrighted material. Next we explore the future of art creation, and examine whether the U.S. copyright system should reward humans who use AI to make art. Then we look at how the government is attempting to deal with the risks posed by AI. Finally, we delve into how AI might impact the way attorneys practice law.

Episodes 1 & 2 — AI Trained on Famous Authors’ Copyrighted Work. They Want Revenge

Generative AI promises to change the world. Systems like OpenAI’s ChatGPT can answer complex questions, write poems and code, and even mimic famous authors with uncanny accuracy. But generative AI is only possible because the underlying technology was trained on hundreds of thousands of copyrighted materials. Is generative artificial intelligence dependent on massive copyright infringement? Or do the AI companies have a valid legal defense?

In the first two episodes, we examine how large language models ingest and learn from the billions of online data points, including copyright protected works. That training allows generative AI systems to respond to prompts and generate human language so adeptly. And we explore the lawsuits filed by creators who claim their copyrighted works were used without permission and illegally, to feed the data-hungry algorithms powering tools like ChatGPT.

Guests:

• Matthew Butterick, founder at Butterick Law, and co-counsel with the Joseph Saveri Law Firm on class-action lawsuits against OpenAI and others
• Isaiah Poritz, technology reporter for Bloomberg Law
• James Grimmelmann, professor of digital and information law at Cornell Tech and Cornell Law School
• Matthew Sag, professor of law and artificial intelligence, machine learning and data science at Emory University School of Law
• Mark Lemley, professor of law at Stanford Law School and the director of the Stanford Program in Law, Science and Technology, who is also representing Meta and Stability AI in the copyright cases against them

Episode 3 — You Can Create Award-Winning Art With AI. But Can You Copyright It?

The art world was rattled when Jason M. Allen won first place in the Colorado State Fair for “Théatre D’opéra Spatial” — digital artwork created with artificial intelligence. Who owns artwork created using artificial intelligence? Should we redefine what legally constitutes authorship? Or, as AI promises to redefine how we create, will the government cling to historical notions of authorship?

Guests:

• Jason M. Allen, founder of Art Incarnate
• Sy Damle, partner in the copyright litigation group at Latham & Watkins
• Shira Perlmutter, Register of Copyrights and director of the US Copyright Office

Episode 4 — Artists Argue AI Art Illegally Steals Work and Threatens Careers

The US copyright system encourages human creativity. So does it even make sense to consider granting a copyright to work created by artificial intelligence with the click of a button? And, if AI generated artwork is given copyright protection, how would that impact the livelihoods of creative professionals?

Guests:

• Jason M. Allen, founder of Art Incarnate
• Sy Damle, partner in the copyright litigation group at Latham & Watkins
• Karla Ortiz, artist
• Kelly McKernan, artist
• Delanie West, advocacy liaison for the Graphic Artists Guild
• Genel Jumalon, artist

Episode 5 — AI Dilemma: Can US Legislators Take Action Before It’s Too Late?

Deepfakes. Disinformation. Algorithmic bias. Job displacement. These are just some of the harms legislators and regulators worry about when they think about how to tackle the risks posed by artificial intelligence.

In this episode, we examine what the government might do to ensure that 21st century life doesn’t turn into a dystopian future.

Guests:

• Cary Coglianese, director of the Penn Program on Regulation at the University of Pennsylvania Carey Law School
• Oma Seddiq, tech policy reporter for Bloomberg Government
• Isabel Gottlieb, reporter for Bloomberg Law covering AI and issues impacting corporate legal departments

Episode 6 — From Errors to Efficiency: Can AI Transform the Practice of Law?

In the season finale of UnCommon Law, we explore the power of AI to transform legal practice. Featuring insights from top law professors, a federal judge, and industry leaders like John Quinn, founder of Quinn Emanuel, we ask: Can AI’s promise of efficiency overcome its risks—and redefine the future of law?

Guests:

• John Quinn, founder of Quinn Emanuel Urquhart & Sullivan, LLP
• Daniel Ho, professor of law and computer science at Stanford University
• David Hoffman, professor of law at the University of Pennsylvania Carey Law School
• Isabel Gottlieb, reporter for Bloomberg Law covering AI and issues impacting corporate legal departments