Brian Moriarty Interviewed by Bloomberg Law on Generative AI and Copyright Infringement
October 1, 2024
Brian Moriarty, Principal at Hamilton Brook Smith Reynolds, was interviewed by Bloomberg Law’s Amy Morris for a podcast to discuss the copyright infringement risks related to generative artificial intelligence.
The interview touches on the complex copyright issues that arise with generative AI, particularly when creating images featuring well-known, copyrighted characters like Charlie Brown and Snoopy. Brian Moriarty explains that copyright protection extends beyond exact replicas of famous characters.
Amy Morris of Bloomberg Law began the interview by stating, “When we're talking about AI and images, the new image that I and my AI might have created can't be copyrighted because the AI is not human. But that same image might also violate a copyright because of how the AI may have acquired it, and I might be unwittingly liable for that. Is that about, right?"
Brian Moriarty replied, “That’s completely right.” He continues to say how you can say to an AI tool, “show me Snoopy and Charlie Brown walking in the fall with leaves falling. They all produce an image that may look just like Charlie Brown and Snoopy, and you think, oh, that’s cool, everyone loves Snoopy and Charlie Brown, I’ll use this image. Well, that's where you have to stop what you're doing because you will know that Charles Schultz and his empire, whoever owns Peanuts now, has copyrights on every Charlie Brown image, every Snoopy image...”
Amy questioned, “Well, let me stop you right there. What if you had … asked AI to do an image of Charlie Brown water skiing? I'm almost positive I've never seen that before. Does that still infringe?”
Brian replied, “It probably would if it's Charlie Brown because these cartoon images that are famous probably have broader rights than work by an unknown author because they have a certain equity in them if you will. Because…when you look at the image, the first thing you say is that's Charlie Brown water skiing. You don’t say that’s a picture of a boy water skiing...”An AI image that might otherwise be an infringement can be excused as such under the Copyright Act Fair Use statute, 17 USC Section 107: “the fair use of a copyrighted work, including . . . . for purposes such as criticism, comment, news reporting, teaching . . . scholarship, or research, is not an infringement of copyright.” Here, for example, the use of the AI photo of Charlie Brown water skiing would be considered fair use under the statute and not an infringement.
In the interview, Brian also highlights that copyright law, particularly concerning AI, is still evolving and unsettled. While the core principles of copyright, rooted in the Constitution, are unlikely to change, applying these laws to AI-generated content is expected to adapt and evolve. Adjustments will likely be made as courts and lawmakers deal with the unique challenges posed by generative AI.
This conversation was sparked by a recent Bloomberg Law article, “Digital Image Creation Using AI Risks Copyright Infringement,” co-authored by Brian Moriarty, Principal Tim Meagher, and Associate Dan Fleisher of Hamilton Brook Smith Reynolds. The article explores the growing popularity of AI-generated images and highlights the potential legal challenges that come with their use, including copyright infringement.
The Bloomberg Law Podcast features conversations with prominent attorneys and legal scholars, offering in-depth analysis of major legal issues and high-profile cases making headlines.
