AI & IP Panel Discussion: A Global Perspective Part III

Warfare of Art & Law Podcast

Warfare of Art & Law Podcast
AI & IP Panel Discussion: A Global Perspective Part III
Dec 07, 2025 Season 6 Episode 154
Stephanie Drawdy

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Photographer credit for Anja Neubauer: self-portrait created with an AI tool.

Show Notes:

2:30 Prof. Tim McFarlin’s focus on copyright and authorship

3:30 Dr. Caterina Moruzzi’s philosophical/design perspective / focus on authenticity

5:00 Dr. Anja Neubauer's focus on global AI/copyright framework

5:50 Artist Lisa Lebofsky’s perspective on AI as a nomadic painter

8:45 “Authenticity Unmasked”–looking at the artistic process not the product

9:55 “Authenticity Unmasked” insight-centrality of human perspective

12:00 Neubauer–redefinition of terms like originality in light of emerging tech

13:30 Getty v. Stability finding  outputs are not copies so not infringements

14:55 McFarland–genAI’s scale and redefining understanding of terms

17:05 US state and federal laws 

19:00 need for unified global protection

19:50 Alan Robershaw – UK Getty decision’s technical focus on the process 

21:40 Defining originality 

22:10 Getty opinion at 601 v. AI models are memorizing/making copies 

24:00 Robertshaw - one step away from judicial definition of consciousness

24:40 McFarland – scale is the concern

25:35 Lebofsky – how prior claims of infringement fit into AI/appropriation of artists’ works

26:20 McFarland – ‘substantially similar’ takings are prima facie infringement subject to fair use defense

27:10 consideration of outputs flooding the market harm 

29:25 Lebofsky – use of AI through tools like AI Charm Lab app 

31:00 Lebofsky’s view of threats to her style and her language 

32:45 human requirement for ‘authorship’ and consumer trends

35:55 Moruzzi – human effort to value the process

37:15 Process visible in generative AI circa 2015 v. current genAI’s less visibility and thus less authenticity

38:30 Anthroprocentric – human need for authorship

40:20 Robershaw - Monkey-selfie case; animal versus machine personhood 

43:15 McFarland – Arkansas statute on AI

44:40 Gould – UK Section 9(3) - limited copyright for output in person who organized the output

45:00 Neubauer – issue of term “equipment” for tools 

46:50 Gould – current copyright legislation is not fit for purpose

48:35 Distinction between camera use and AI model training

49:05 Copyright Criminals documentary regarding music sampling 

50:00 Sampling case involving Kraftwerk 

51:35 Moruzzi – response to consultations

53:00 McFarland – extent of law v. parallel tracks to copyright or other alternatives to preserve and protect human creativity

54:00 Stefania Salles Bruins–solutions outside the law

54:40 Copyright not fit for purpose 

55:20 Neubauer - Shift in definition of artwork

55:45 Lebofsky – how to establish boundaries

57:25 Robertshaw re: Lebofsky’s paintings

58:00 Salles Bruins – Lebofsky’s coding that cannot be replicated

Please share your comments and/or questions at stephanie@warfareofartandlaw.com

Music by Toulme.

To hear more episodes, please visit Warfare of Art and Law podcast's website.

To leave questions or comments about this or other episodes of the podcast and/or for information about joining the 2ND Saturday discussion on art, culture and justice, please message me at stephanie@warfareofartandlaw.com.

Thanks so much for listening!

© Stephanie Drawdy [2025]

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