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.

Cécile Deniard: The Human Voice Inside Every Translation Intangiblia™

Most readers never notice the translator’s name, yet translation is the difference between a book that merely “sounds correct” and a book that actually lives in a new language. We sit down with Cécile Deniard, a literary translator of around 60 books and a longtime leader in European translator advocacy, to show what the job really demands: deep reading, seven or more revision passes, research that can span prison systems to 19th-century Canada, and constant collaboration with authors, editors, and outside experts.From there, we get concrete about rights and working conditions. Cécile explains why literary translators are legally authors under the Berne Convention, what moral rights mean in practice, and why fair pay is still the profession’s most urgent challenge. We talk about contracts that delay payment, missing advances, lack of royalties.Then we face the biggest pressure point in publishing right now: AI translation and machine translation tools like DeepL and ChatGPT. Cécile breaks down why post-editing often backfires, how “anchoring” locks you into bad machine choices, and why AI cannot be treated as a co-creator when only humans can carry responsibility for the final text. We also unpack the larger copyright fight around: Authorization, Remuneration, and Transparency.If you care about books, language, copyright, and the future of creative work, subscribe, share this conversation with your network, and leave a review so more listeners can find Intangibilia.(Recorded in November 2025)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.
  1. Cécile Deniard: The Human Voice Inside Every Translation
  2. Felene Cayetano: Libraries, Authors, And The Caribbean
  3. Mikaela Taivassalo: Keeping Minority Languages Alive In A Digital Book World
  4. Season 8
  5. Playing Around INTA 2026: A Scenario Game for IP Lawyers

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