Season 5, Episode 1. Fair Use or Foul Play? AI Training, Copyright, and Consent

Has your creative work been secretly fed to AI systems without your knowledge or consent? Across the creative landscape, from journalism to literature to visual arts, professionals are discovering their life’s work has been quietly scraped, processed, and monetized by tech companies building the next generation of AI tools.

We pull back the curtain on what many are calling theft at an unprecedented scale. Meta’s controversial harvesting of 81 terabytes from shadow libraries to train their Llama models. OpenAI and Microsoft facing lawsuits from major newspapers whose archives now power competing AI systems. The startling reality that creative works are being absorbed by machines programmed to mimic—and potentially replace—their human creators.

The legal landscape is transforming in response, with dramatically different approaches emerging worldwide. The US Copyright Office questions whether AI training constitutes infringement while the UK proposes an opt-out system that artists condemn as a “default license to steal.” Meanwhile, the EU demands transparency about training data, and Australia calls for stronger creator protections. As courts grow skeptical of expansive fair use claims, new models are taking shape: collective licensing systems, creator opt-in platforms, and calls for a global WIPO treaty to harmonize rights across borders.

At its core, this isn’t just about legal technicalities—it’s about the future of human creativity itself. Can AI innovation flourish without erasing the value of human labor? The decisions we make today will determine whether copyright remains meaningful in a world where machines can copy everything. Join us as we navigate this critical intersection of innovation and authorship, and explore what a balanced future might look like—one where AI assists creators rather than replacing them. Subscribe now to stay informed as this pivotal battle for creative ownership unfolds.

What Kind of Negotiator Are You, Really? Intangiblia™

You can walk into a negotiation thinking you only need a number, a percentage, a quick yes. Then it turns into a psychological chess match where “standard terms” and sudden urgency start rewriting the value of what you built. We step back and treat negotiation the way innovators and creators need to treat it: as a moment where strategy, judgment, and intellectual property protection collide.We share a simple framework from Protection for the Inventive Mind that turns messy deal conversations into something you can actually navigate. We explain the five negotiation hats and when to wear each one: Chef Hat preparation so you know your floor and non-negotiables before anyone tests them, Top Hat positioning so your invention, brand, design, or know-how lands as commercial impact, Winter Hat flexibility so you can restructure terms without collapsing, Beach Hat communication so the tone stays productive, and Police Hat defense so you can slow down, question vagueness, and catch hidden risk in “boilerplate” contract language.Then we get personal and practical: what happens when pressure enters the room. We walk through five negotiation styles competitive, collaborative, accommodating, avoiding, and analytical and show how each can win the moment or lose the deal if you rely on it blindly. The goal is not a new personality. It’s a better ability to choose your approach in licensing negotiations, partnership talks, investor conversations, and IP agreements.If this helps you, subscribe, share it with someone heading into a deal, and leave a review so more creators can negotiate with clarity and protect what they’ve built.Send us Fan MailCheck out "Protection for the Inventive Mind" – available now on Amazon in print and Kindle formats.The views and opinions expressed (by the host and guest(s)) in this podcast are strictly their own and do not necessarily reflect the official policy or position of the entities with which they may be affiliated. This podcast should in no way be construed as promoting or criticizing any particular government policy, institutional position, private interest or commercial entity. Any content provided is for informational and educational purposes only.
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  2. Founders, Funders, Futures: Rising at Start Summit 2026
  3. The Legal Dugout: Baseball’s Intellectual Property All Stars
  4. Women Who Built The Modern World
  5. Case Study: The Intellectual Property World of Nintendo

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