Podcast

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.

Zodiac Season, Litigation Rising – Intangiblia™

Can you copyright a horoscope, enhance a century-old tarot deck and claim protection, or assign your stage name and lose it in court? We open the year by charting the legal sky where creativity, belief, and branding intersect—and sometimes collide. From a syndicated astrologer’s claim that near-identical forecasts kept running without a license, to a software company’s short-lived effort to assert control over historical time zone data, we unpack the crucial line between ideas and expression, facts and creativity, public domain and protectable derivative work.We also step into the studio with the icons. The Walter Mercado saga reveals how a personal brand can be transformed into a trademark owned by someone else, with lasting consequences for the artist behind it. Along the way, we explore what separates simple restoration from original creativity in tarot publishing, why databases of raw facts remain free for all, and how small wording choices in daily horoscopes can carry real legal weight. The thread tying it all together: the cosmos is shared; the way we package it is not.Expect practical takeaways for creators, publishers, and entrepreneurs: register original writing, document design decisions, start from public-domain sources rather than competitors’ upgrades, and read every clause before assigning names, logos, or likenesses. If you’re building an astrology app, launching a zodiac product line, or reviving classic esoteric art, this deep dive will help you navigate trademarks, copyrights, and contracts without dimming your creative light.Enjoy the episode? Follow the show, share it with a friend who loves law or the stars, and leave a quick review to help others find us. What boundary do you think should exist between shared culture and private ownership? Tell us—your take might shape a future episode.Send us a textCheck 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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  3. Mireille Gomes – Can Algorithms Heal? Reimagining Health Equity with AI and Data Justice
  4. Jean Marc Seigneur – In Trust We Build: Designing the Future of Digital Reputation
  5. Vlada Mentink – Lean, Smart, and Automated: The Entrepreneur’s Guide to Working with AI

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