AI training observation

I would submit that there is a material difference between AI training on all recorded music in relation to a music-creation tool of some kind, compared to AI training on the catalog of a specific artist to create output aimed at replicating that exact artist. With all the litigation underway over the issue of inputs being used for AI training, this seems like an important distinction as it relates to the derivative works right assured by section 106.

SCOTUS Prince ruling against fair use in Goldsmith Andy Warhol case may connect to upcoming AI issues

As has been well-documented, the United States Supreme Court recently ruled in favor of photographer Lynn Goldsmith in finding that Andy Warhol’s Prince series was not a transformative use of Goldsmith’s photograph under fair use analysis. As it pertains more directly to the Right of Publicity, it is interesting to note that in Comedy III, Warhol’s Marilyn was the cited example of a transformative work. Be that as it may, in light of fast-developing discussions pertaining to Artificial Intelligence (AI), the SCOTUS Warhol ruling may provide support for the argument that AI creative output is a derivative work of the original. We’ll see.