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.

Season 8 Intangiblia™

We’re joined by Serena Barone from the International Artists Forum, an international organization built to connect author groups worldwide and strengthen the push for authors’ rights across borders. If you care about copyright, intellectual property, creator advocacy, and how culture gets protected, this season is for you.We dig into why the International Artists Forum was founded in the first place. Serena explains how the Forum grew from a small start into a network of nearly 100 member organizations around the world, and why that kind of collective power matters when policy and markets move globally. We also get concrete about what the Forum actually does: supporting member organizations, helping them advocate with governments and international bodies, and acting as an exchange platform for the issues creators face right now. AI comes up as a major pressure point, raising urgent questions about how creative work is used and valued. We close with why this collaboration matters to us, and why spotlighting many different voices across the season can help listeners understand the real-world impact of IP decisions on writers, translators, visual artists, and academic authors. Subscribe for the full season, share this with a creator or IP colleague, and leave a review that tells us which authors’ rights topic you want us to tackle next.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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