the brAIn - real AI intelligence for media & entertainment
All about how generative AI is transforming the world of media and entertainment - hosted by leading expert Peter Csathy of Creative Media (creativemedia.biz).
"the brAIn" features Csathy's "insider" insights about the latest developments in generative AI and its impacts on media, entertainment, and the entire creative community. It also features interviews with leading artists, innovators, entrepreneurs, executives, and influencers. Each episode starts with Peter's humorous rundown of the latest key headlines in the world of AI, media and entertainment. The podcast is the companion to his newsletter "the brAIn" that reaches thousands of "movers and shakers" in the industry. You can find it at themediabrain.substack.com.
Peter is a renowned dealmaker, serial entrepreneur, business advisor, Harvard trained lawyer, writer, speaker, and overall creative force. He writes a weekly column about AI and the media industry in leading entertainment publication TheWrap. He has negotiated over $4 billion in deals, served as CEO and President of several pioneering media-tech companies that achieved successful exits, and as a senior dealmaker in major studios.
Peter has been a key driver and force for opening up entirely new markets, including on demand music streaming, online video platforms, and live social video streaming and chat. He is a believer that artists and creators sit at the center of the overall media, entertainment and tech universe. He also hosts the podcast series "The Story Behind the Song" on Consequence, where he interviews the most legendary artists of the past several decades about their most iconic songs. You can find that podcast at consequence.net/category/consequence-podcast-network/the-story-behind-the-song.
reach out to Peter at bizdev@creativemedia.biz.
the brAIn - real AI intelligence for media & entertainment
Market Substitution: Generative AI's "Fair Use" Fail
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In this episode, I feature a fascinating "deep dive" of my newsletter titled "Market Substitution: Generative AI's 'Fair Use' Fail" that I generated using Google NotebookLM (all prompts were mine, and I approve the episode's content).
Here’s the headline: the Creative Community now has AI on its copyright litigation heels. That means that the “3 C’s” of so-called “ethical AI” — Consent, Credit and Compensation — are now taking hold via accelerating licensing deals and emerging “usage based” business models.
Here are the Key Take-Aways:
- 3 “fair use” decisions so far (Bartz v. Anthropic, Kadrey v. Meta, Thomson Reuters v. Ross Intelligence). Anthropic settled for $1.5 Billion due to court pressure. Other two cases pending (Thomson Reuters’ decision is on appeal).
- Both Judges in Kadrey & Thomson Reuters focused on “market substitution” as the key rationale to beat back AI’s “fair use” defense, following the Supreme Court’s most recent copyright case (Andy Warhol Foundation v. Goldsmith).
- Meta prevailed on “fair use,” but the Judge made it clear that Meta would have lost if plaintiffs’ lawyers made the right “market substitution” arguments.
- Courts’ increased skepticism of AI’s “fair use” defense is fueling accelerating AI settlements and content licensing activity, which is good for both AI and media.
- New “usage based” AI content licensing models are being defined right now, following the same pattern as we’ve seen in past massive technology shifts impacting the entertainment industry. Napster’s music theft led to new streaming royalties. YouTube’s content IP theft led to its ContentID system.
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