Everyday AI Podcast – An AI and ChatGPT Podcast - EP 92: AI in E-commerce - Navigating the Legal Maze
Episode Date: August 31, 2023When you create AI content on the Internet, who owns it? With AI content rising in popularity, countries are scrambling to decide what AI regulations should be implemented. Neil Peretz, Head of Legal ...for WooCommerce at Automattic, joins us to discuss how to approach AI content, E-commerce, and AI regulations. Newsletter: Sign up for our free daily newsletterMore on this: Episode PageJoin the discussion: Ask Neil and Jordan questions about AI and legal regulationsUpcoming Episodes: Check out the upcoming Everyday AI Livestream lineupWebsite: YourEverydayAI.comEmail The Show: info@youreverydayai.comConnect with Jordan on LinkedInTimestamps:[00:01:40] Daily AI news[00:05:00] Neil's experience with AI and legal[00:08:15] Using AI for legal business matters [00:12:30] AI content vs. legal battles[00:16:15] WooCommmerce's thoughts on AI content[00:21:10] Who has rights to outputs of generative AI?[00:23:26] Recent example of AI copyright[00:29:20] Best practices for using generative AI legally Topics Covered in This Episode:A. AI and Ownership of Content- Questions about who should own and have access to internet content- Discussion on content ownership at Automatic (parent company of WooCommerce, WordPress, and Tumblr)- Considerations for content scraping and copyright when using AI to generate contentB. Legal Regulations in AI- Importance of legal regulations related to AI- Discussion on legal issues in AI, specifically in the context of consumer credit- AI technology developed by Leah Financial Technologies for assessing creditworthiness- Implementation of AI technology with PNC Bank and other institutionsC. Copyright and Fair Use- Explanation of copyright law and fair use- Reference to the Taylor decision regarding machine-generated art and copyright- Copyright generally associated with human creations- Use of AI for transformative purposes and its relation to copyright and fair useE. Unique and Ownable AI-Generated Content- Challenge of uniqueness in solely AI-generated content- Importance of combining AI with other creative processes for more unique and ownable content- Mention of AI copyright battle involving Creativity MachineF. Helping Content Creators and Store Owners- Importance of helping content creators reach a wider audience- Role of automated sources in gathering publicly available content- Powering online stores and the desire for store owners to be found and influential- Consideration of individuals who do not want to be foundKeywords:AI, content, internet, legal regulations, guest, partiSend Everyday AI and Jordan a text message. (We can't reply back unless you leave contact info) Start Here ▶️Not sure where to start when it comes to AI? Start with our Start Here Series. You can listen to the first drop -- Episode 691 -- or get free access to our Inner Cricle community and all episodes: StartHereSeries.com Also, here's a link to the entire series on a Spotify playlist.
Transcript
Discussion (0)
This is the Everyday AI Show, the everyday podcast where we simplify AI and bring its power to your fingertips.
Listen daily for practical advice to boost your career, business, and everyday life.
Meet Firefly AI Assistant, now live in Adobe Firefly, the All In One Creative AI Studio.
Just describe what you want to create and the assistant handles the rest,
orchestrating multi-step workflows across Photoshop, Premiere Express, and more in one conversational interface.
You direct the outcome.
The assistant accelerates execution.
When you create content on the internet, who should own it?
Who should have access to it?
We're going to talk about that and a lot more and even just e-commerce and AI in general.
But I'm extremely excited for today's episode.
As a former journalist and as someone that's been producing content for 20 years and now that talks about AI every day,
I think about this a lot.
You know, should we be protecting our content?
Who owns it?
You know, we'll just bots be creating content regurgitated 10 times over.
I don't know.
So my name's Jordan Wilson.
Welcome to Everyday AI.
This is a daily live stream podcast.
And we have a free daily newsletter helping everyday people understand and use AI.
So today's topic is a big one.
Just talking about different legal regulations when it comes to AI.
We have a guest who is extremely qualified to talk.
about this. So we're excited about that. But before we get started, as a reminder, if you are
joining us live, number one, thank you. Let me know. Where are you joining us from? Where are you
joining? I like to see this. You know, yesterday, I think we had people from 10 plus countries
chime in. And I'm asking that because our guest is joining us from the West Coast, Bright and early,
530 a.m. If you're on the podcast, don't worry. Check your show notes. A lot of great resources there.
and you can click and come join this conversation.
We're going to be talking about this in the comments on LinkedIn,
but let's get started with some AI news.
So first story, there is a battle brewing around Nvidia chips
and who gets access to them and who doesn't.
We talked to this before on the show,
but Nvidia chips, their GPUs essentially power this generative AI movement.
So a recent story is showing that now Nvidia must obtain the approval from the
US government before exporting its highest performing chips to certain buyers in the Middle East.
The end goal purportedly is to stop these high-powered GPU chips that power generative AI
from ending up in China. So kind of like a workaround. So looking at some of these countries
in the Middle East. Next, chat GPT competitor just launched in China. So we talked about this
a couple of months ago when it was first announced. But the chat to buy.
Ernie. Ernie Bot is now available globally, and it can understand both Chinese and English.
So this is from two Chinese tech giants, Baydu and SenseTime, and they essentially just launched
their chat GPD style bot to the public today. And it can allow users to do everything from
summarized documents, get medical advice, create videos, you know, what you would normally expect
or want out of an AI chatbot.
And of course, chatGBT being blocked in China.
This is kind of big news because, you know, we kind of just talk about, you know,
a handful of large language models for the most part.
ChatGBT, Google Bard, Anthropic Cloud, Microsoft Bing Chat.
But, you know, we might be talking a little bit about Ernie Bot now in the future.
Last but not least, and a very relevant story for today, an AI copyright battle is getting
messier.
So we've covered this on the show a couple of times.
But now the inventor of an AI image, an AI generating image platform called Creativity Machine,
he has lost a court case that essentially said he cannot copyright his images.
But now Stephen Thaler is trying to prove that his bot is sentient and it can have its own
independent thought.
Therefore, it cannot be copyrighted.
messy. It's messy. So speaking of legal messes, we have a great guest today. So as I bring him on,
very excited to welcome to the show. Neil Perrits, the head of legal for WooCommerce,
joining us from the West Coast. Neil, thank you so much for joining us.
Glad to be here in the background. I'm rereading the recent Thaler decision.
Yeah. It's, gosh, I could just talk about that for probably an hour plus and all these different
things. But real, real quick, Neil, you know, and if you're not sure, Neil's serving as the head
of legal for WooCommerce, parent company, automatic. So if you use WordPress, I think we said,
what, Neil? WordPress powers like almost half of the entire internet by now, right? And WooCommerce
actually powers 23 plus percent of all the online stores. Wow. Wow. So Neil has a great
perspective. But real quick, Neil, just, I mean, because aside from from your current role serving as
has legal for WooCommerce.
You have a pretty extensive background
in just building and growing AI companies.
Talk a little bit about that and in your experience.
Sure, and to be clear,
it's not all generative AI,
which is probably more so the topic today.
And that gets people excited.
I think the AI that I worked on to the other companies
is probably far less publicly accessible.
One company was,
it's called Alia Financial Technologies,
and it was one of the first ones
to use artificial.
intelligence, which we called machine learning, was sort of a subcategory of AI, to underwrite
credit for consumers. And the goal was, hey, can we figure out a more precise method of determining
who might actually be able to repay without blowing themselves up and without missing payments
in the context of consumer credit? And if you could better assess this, you could offer credit
to more people. Because there are a lot of people out there. Our hypothesis was that they're
not well represented in terms of their reality by the data that might be going into the credit
bureaus, which is then fed into FICO. And people who ask, what's your FICO score? We came up with an
L'Lea score that proved to be much more accurate. And we were often able to find people who were not
well-valued by FICO, but based on our analysis, actually could and would repay.
various forms of credit and they needed credit and they were being turned down for it.
And so we partnered with among others, PNC Bank and we put out billions of dollars in credit
to people that, again, FICO would rate lower and these people had great performance, actually.
So our algorithms did work, but of course there was a lot of data sources put in and a lot of tuning of our models.
So I have to go around and meet with all the bank regulators and try to explain to them why
they shouldn't be afraid that we're involving basically AI in our credit underwriting process
because there are laws that try to protect against discrimination, for example, in providing credit.
And they thought, well, AI, maybe there's all sorts of secret discrimination that goes on there.
So on the public policy side, the interesting aspect of that role was trying to get others in the regulatory,
basically community, which could include regulatory folks working out the banks,
comfortable with the application of AI, which already was proving that it was yielding
a better performance.
Right.
And, you know, you bring up some interesting points that, you know, there is a big difference,
I think, even, between this kind of recent generative AI boom and kind of the more,
more quote unquote traditional AI that a lot of us don't even know, but we've,
been probably benefiting from it for many decades, you know? But I know a lot of even our
audience, Neil, is building generative AI products right now. Given your background,
kind of what was your biggest surprise in building an AI company? So the company I mentioned
a moment ago, Leah is a fintech company. I was not the co-founder of the company. I was a senior
executive at the company, but I didn't start it. And I wasn't really drive.
as much of the product efforts, I was more so on the legal side trying to figure out,
how do we make this all legally compliant?
After Alia, I went and started a company called Contract Wrangler.
And that, I was the founder and the CEO of the company for quite some time as well.
And there the goal was, hey, can I use what we call AI generally,
and what we call specifically machine learning, to read legal contracts
and find all the key terms in those and alert people.
because what I noticed working in house as a lawyer was a lot of times people negotiate very heavily on a contract.
And both sides chime in.
You could spend weeks, maybe months, fighting about various terms.
And then when people are all done, what happens?
The contract ends up like in a file cabinet or drop box or box or the F drive.
And that's it.
They're out of the very way.
And they're off to the next thing.
And the reality of what happens when you sign a contract is that's when the contract begins.
not what it ends.
Somehow they thought the signing of the contract was the end.
We're all done.
There's no work to be done when it's the opposite of that.
The contract is actually designed.
So people will take on certain responsibilities and people have certain rights.
And if you don't know your rights or you forget about your responsibilities, you get in trouble.
A simple one that comes up for many of us as consumers is auto renewables.
Hey, stuff renews, but you didn't want it to.
You know, maybe you wanted to change.
Think about some of the consumer services you might subscribe to, cable TV, cell phone.
If you just noted when something was going to end an auto renew, and you called up the provider and said, hey, I noticed the terms coming up soon.
I'm thinking about switching.
Oh, we got a bargain for you, right?
You'll get better prices.
Oh, that's the worst.
It's the worst.
It's the simplest thing.
So then the question is, okay, could I make a machine that goes and figures out meet some of these key terms?
terms and characteristics of the contracts and then notifies the right person and says,
hey, you have, we'll call it an opportunity or a responsibility here.
Because they'd get, essentially, it was free money just by calling up and acknowledging that
there's a renewal coming up, maybe, and asking for a price change or getting other bids.
And there's lots of other things you'd want to go find a contract.
Interestingly, when you discuss contracts with non-lawyers, they'll say to you, yeah, I get it.
contracts are important, but really only three or four sections are important. And this is a
widely held sentiment. The part where they differ is they all disagree on which of the three or four
sections. Because everyone's got their own categories that they're very interested in. If you talk to
the IT guys, they'll say, oh, all that matters is the uptime requirement. Yeah. If you talk to the
finance people, they say, well, all that matters is, you know, when I get paid and do I have any
significant liabilities where I'm going to indemnify someone else, or maybe the lawyers would go ask
about that, what kind of warranties included or not included with this kind of thing?
And the salespeople want to know, when is it going to renew? So I'd go call them up and sell
them some more stuff. Finance might want to know which of our contracts allow us to raise the
support price every year as prices go up as we're seeing now in inflationary environment.
So the goal was build a machine that can go figure all this out. And auto renewals,
is a simpler one for us to us consumers to understand. We actually do get indemnification of the clauses
shoved in our consumer contracts, but the realities we have less bargaining power to do something
about it. Right. So one thing, one thing I wanted to talk about, Neil, and I heard you say it there.
So you said, you know, talking a little bit about your background and contract, but saying, you know,
if you don't know, you said if you don't know your rights and responsibilities, you're in trouble.
And that got me thinking to where a lot of things are at currently.
And this is a big topic, but I've got to pick your brain about it.
So speaking of rights and responsibilities, you know, it's been in the news a lot.
Just the legal, ongoing legal battles over generative AI.
So whether it's, you know, the output from chat GPT, images from companies like, you know,
mid-journey, Dolly, right?
Just what's your hot take?
Like, what's going to happen with all these legal battles?
I know we can't, you know, it's so much gray area and it's probably going to go on for a long time.
But big picture, what's going to go on in this fight over, you know, content created by these
different AI systems?
Well, I think a lot of folks don't understand how they work.
So that drives them to certain assumptions that.
probably aren't true. And those assumptions then drive their vision of who should pay who.
They don't understand, at least with the general of the eye models that are using transformers,
they don't understand that essentially it's a probability game that they're playing as to,
hey, if I type X many tokens or X many words, if I type X many words, it's going to suggest
here's what the next word should be. And actually images is kind of a variation of that,
where it's, you know, what's the next pixel be, if you will, to achieve a certain goal?
And that's a probabilistic guess that they have on their part.
Obviously, the more they can understand of what preceded the blank spot that they're supposed to fill in, you know, the better they'll do.
If I said, you know, eating and you'd fill out, who knows what, you know, cereal.
If I gave you the phrase in advance, it was dinner time, so he was eating.
Well, then you wouldn't say cereal, right?
Oh, I would.
gosh, I small tidbit, I eat cereal. I used to eat cereal probably about two to three times a week for dinner.
So my chatbot would be telling the truth on that. Exactly. Right. So this actually gets to user-generated
content as well, right? Because if we trained on all your content, it would say cereal afterwards.
But odds are low, actually, that you searched at your neighbor's houses that that would be the main item on the table.
Yeah. So, you know, let's imagine you wrote a great book about your life.
And it was, you know, every page of the book you described how you ate cereal for dinner.
Great, that content's out there.
Imagine that, you know, work is put out on the Internet in some publicly available manner.
A GPT-type engine sucked it down.
And it'll have one little data point that says one guy somewhere.
You know, for him, we fill in the word cereal.
when presented with the phrase what people that asked what people ate for dinner.
But, you know, if you went and grabbed the blogs of all of your neighbors,
you'd get a far lower incidence of cereal coming out there.
So it's going to say statistically, what should I put out there?
And statistics say, no, it's not cereal.
Yeah, that's a good point.
That's a good point.
Statistically, I guess I'm weird in that regard.
Hey, as a reminder, if you're joining live, we have Neil Parrots, the head of legal for WooCommerce.
So, Neil, like we talked about at the top of the show, you know, the parent company, automatic owns a lot of different companies, but, you know, WordPress, Tumblr.
You know, so the parent company has so much ownership of just everything that's out there on the internet.
And again, I invite people, if you have questions for Neil, please, please get them in now.
so we can throw them up.
But how it just to me, I mean, should, should like, is this something that you guys are talking about internally?
Is this something that you wrestle with just ownership of content given that, you know, automatic and WooCommerce and WordPress own, you know, own quote.
So much of the end content or I guess the users who are generating it own it.
But is this just a conversation that you guys are tackling with internally?
And where do you think this discussion will eventually land?
Yeah, it's a conversation we have a lot internally in the legal team, and then it's conversation that we have a lot externally where there are content creators who speak with us.
Our mission is to empower the content creators.
So in the case of WordPress.com, people have content up there that they're targeting in various manners.
It could be through a blog that actually maybe is co-branded by us because it's one of our lower cost plans or it could be something that we're just behind the scenes.
And so if those folks want reach, which they usually do, that's why you're publishing publicly like that, then our job is to help them get reach.
And part of getting reach is actually being able to be consumed by machines of various sorts.
You know, if we step back, just think about search engines, right?
Odds are high if you want your content to be found.
You would like to have your page indexed by a search engine.
That means it maybe more likely to be found by others, you know, seeking out information on people with, I don't know, green sock fetishes or something like that if that's what your blog is about.
So you would like to be indexed by a search engine.
And so we have various setups where we try to facilitate people's content being consumable.
And that includes being consumable by automated sources because people want that.
And that historically has been how you, for example, end up being indexed on a search engine.
the most likely way.
We have had people query, is there a way to shut that off?
And to some extent, we don't control that because these crawlers, or think of them as scrapers,
that go out and gather content, they don't necessarily knock on the door and ask and say,
hey, WordPress, would you go invite me in?
They're out there grabbing all sorts of publicly available content.
Now, if they get the content through some type of machine-to-machine feed, well, you know, it's a little bit easier.
But really, they're set up to go consume content with, if you ever heard the phrase, headless browser.
But that's essentially what they use.
They're using a headless browser that by headless, it means that they're not actually looking at anything visually.
They're just saying, give me the HTML code, and I'll kind of decipher it myself.
and it's a lot easier if you could just suck down code
and you'd have to wait for it to render on your screen.
So they'll go around and do that.
You know, suck down code, suck down code, suck down code.
But to the person running the website,
it just, yeah, it's another browser showed up.
You don't know what the end user sees or doesn't see.
So if it's a helpless browser, just something else showed up.
Now there's clues, what types of browsers are out there, et cetera.
And you can do other things to try to manipulate your site
to foil the machines if you really wanted to.
Right.
But generally, if you're a publisher and your goal was to put out content and make it publicly
available, that's our job is to help you do that at WordPress.com.
And then, you know, similarly at Woo, we power more stores than anyone else on the internet.
Not all of them are hosted by automatic, by the way, because Woo is open source software as well.
But we do run WooCommerce.com and there are many, many stores that we host.
and people like folks to know that their store is out there and exists and can be found.
So they want to be an influencer, if you will.
So generally, if people's job is to make themselves publicly available,
where they're to facilitate that.
Now, then they get this question of saying,
what if people don't want to be found for some reason by machines?
They're okay with being on the public internet.
Or, you know, if they're behind a paywall of a sort where there's exclusive access,
we have options and we have tools to enable people to do that, ranging from the traditional,
you know, you can buy a certain tier of access on my website to actually the way, even the Web3 options,
like token gating.
If folks want to get all excited about Web3, we can say, fine, you can token gate your website
because we have the biggest partnership ecosystem of really anyone who puts out either stores for Wu or websites or WordPress of other plugins you can get,
some of which are many, many, many, many, many, many,
tens of thousands of which are available from third parties that work with us.
Right.
So every which way you want to slice and dice your website for access,
yeah, it's available.
Yeah.
For WordPress and woo.
Yeah.
That would keep a scraper out potentially.
Right.
But you do bring up a very important point because, you know, you mentioned, you know,
even just like WordPress, right?
Like I've used WordPress for, I don't know, 10 to 15 years.
I love it.
You know, but, you know, even WordPress right now,
They have their, I believe it's the Jetpack AI assistant, right?
That helps you generate AI kind of AI content.
And, you know, this goes to Andy's question here.
Like, who in the end, or is there even an answer to this right now?
If you use generative AI, whether it's the WordPress Jetpack assistant or chat GPT,
who has rights to the output?
Is there an answer?
Yeah, Andy's question is a good one.
So part of what we started on the conversation of saying,
if I already have content, what do we do about it being scraped?
And what are some WordPress considerations on that?
Andy's comment is, then if I use, I think this question is,
if I use AI to generate some content, who owns that?
Which actually gets into the recent failure decision
and other decisions about that, which is that generally the courts have found that
if I want to own something, one way to own us through copyright law.
and copyright basically gives you the right to decide who gets to copy something.
Now, there are some exceptions to it for fair use,
where things can be copied against your permission in certain circumstances.
But generally, if you own the copyright, it's something, you can control how it's reproduced.
So the recent failure decision was one in which someone had a machine,
said, my machine came up with all this cool art by itself.
And the court said, well, you can't file a copyright on that.
And generally, our doctrine in the United States is that copyright is something created by human.
So if it was created only by a machine without very much human input to guide it,
what you're going to find is you can't copyright it.
And it's essentially kind of a public domain offering out there.
If there was some substantial human input there, then you'd say, hey, it was kind of like,
I used the computer as a tool.
And there was another recent decision.
I think this was a,
it was a recent copyright decision
about a series of comic books
that had art in them.
And there were some basic prompts that were given
and then the art popped out.
And the court decided,
or I think it was maybe the Copyright Office decided,
now you can't get a copyright on those
because there wasn't really much human effort
to create it.
versus, let's say, Photoshop, right?
Photoshop is using software as well,
but there's a lot more guidance that the human provides.
And stuff that comes out of your Photoshop,
yeah, you could still go have a copyright in that.
Now, another type of ownership right you could have is trademark.
With a trademark, it doesn't really matter
where it was generated.
It matters what used to you put it to.
So the trademark is protecting something else.
So I can have something completely computer generated.
No problem.
If I file a trademark on it, I can own it in that setting.
the class for which my trademark applies.
Adobe just introduced an entirely new way to create,
bringing the power and precision of its creative suite into one conversational experience.
Meet Firefly AI Assistant, now live in the Adobe Firefly app,
the All In One Creative AI Studio.
Powered by Adobe's Creative Agent, Firefly AI Assistant lets you start with your vision,
just describe what you want, and shape the outcome as it takes form with the assistant.
The assistant orchestrates multi-step workflows, drawing on 60-plus pro-grade tools across
Adobe Creative Cloud apps, including Photoshop, Illustrator, Premiere, Lightroom Express, and
more to help bring your ideas to life.
You can also get started with creative skills, a growing library of pre-built workflows for
common creative tasks, like batch editing photos, creating mood boards, portrait retouching, and
creating social variations.
Every step the assistant takes is visible, so you can refine.
redirect or take over at any time.
You stay in the driver's seat as the creative director.
Adobe Firefly AI assistant now in public beta.
See it today at firefly.adobie.com.
Yeah.
And it sounds like, you know, there's more gray area than not, right?
Because even as an example, if someone says, oh, I used, you know, a chat GPT or a
generative AI tool to start this.
but then I as the human continued because in theory there's really not easy way to prove what you know
I talk about you know these AI content detectors all the time that don't work so so I mean is is this just
going to always be something that always ends up in the legal system since there is no definitive
way to say oh yes this came from a generative AI system versus this was human generated
Probably if you want to have your content be impervious to challenges, you'd keep track of the fact of your human effort that you put into it somehow.
And someone accuses you of saying, the computer just did all that and you did nothing.
And who knows, maybe we'll end up with humans out there whose job is to add value by moving around some words.
I think that's –
I think that's SEO industry in general, right?
Yeah, you go in there and you move around some words.
I add value, right?
And so that that'll get to the question of the court of, well, how much value did you add?
How much value do you need to add to have it be a human work?
Or is it just the human part of it that is the copyrightable portion?
Yeah.
And I'm going to, so we have a question here from Sarsh.
I'm going to tweak it a little.
He's kind of more asking if we create content using multiple blogs and provide with genuine references to the content.
Can we end up in legal issues?
And again, this show isn't legal advice.
but I'm going to tweak this a bit because I think it is an interesting question.
Should, when people are publishing content, you know,
Google has recently kind of released this synth ID that kind of watermarks, you know,
images, but should publishing companies or even individuals,
if they are using kind of copy verbatim from a generative AI,
should they be saying so?
I mean, what's kind of your thoughts on that?
Well, there's a few different questions built in.
there. So one is, generally, if it's someone else's work and I reproduce part of it,
regardless of whether it's AI generator or not, is that okay? And the answer is, well,
of course, I'm a lawyer, so I'd have to say, it depends, ha-ha. Of course. So it depends on the
context of which you're reproducing it. But generally, there's this idea that you could go
reproduce or manipulate copyrighted works of others for certain purposes. And that's considered
the term is fair use, at least in U.S.
George prisons.
So a famous case in this regard is involved Google Books,
sued by the Authors Guild.
And, of course, if you go to Google Books,
there's a lot, a lot of books in there.
And the way they got all the books in there
is they went and grabbed all the books and scanned them all in.
And one would assuredly think, yes, the books are copyrighted.
Yeah, they're published books that you pay money for.
And in the end, the court said, well,
it's okay
despite the fact that they're reproducing all these books
because A, you're only reproducing a snippet of the book
and B, you're actually adding new value
which is you've now rendered the whole book
searchable and findable by those in the internet.
That's good. That's an added value.
You've essentially provide a transformative use.
Your use of it isn't just, oh, I can read the whole book
because you can't.
your use of it is now a content-finding engine.
And that really does add a lot of value for, you know, consumers and books.
So in that context, yeah, they can copy entire books.
But how they deployed it, it was a transformative use.
It could be, you know, other transformative uses could be, you know, parity of a sort, right?
It's hard to make a parody if you can't reproduce what you're, or at least a subset of what you're parodying.
So we wouldn't have parity if you could say, nope, you can't mention me.
How do you make a joke about something you can't mention?
That's an example.
So, smaller amounts of content, content you're talking about.
Sure.
You could probably reproduce it.
There's probably a fair use argument to be made.
Of course, the specifics matter.
You can either go check with a lawyer or at least just do some reading about fair use
and one of the components of fair use.
So you could think about that for your content.
So that was generally the case with, you know, using other people's content.
I think was there a subset of AI question about that, though?
Yeah.
You know, real quick here, just as we kind of wrap up, because we've, Neil, we've been
top to bottom here.
We've talked to your background.
We've talked, you know, some of the AI-powered companies that you've built.
We've talked about general copyright, but I'm going to do this, you know, because everyone's always looking for free legal advice.
I'm not going to have you give free legal advice.
But what is your stance if someone is wondering, should I be using generative AI to produce content on the internet?
What is kind of some general guidance and best practices or recommendations that you might give to people so they can still be creative and put great,
content out for others to consume, but using generative AI tools, but to still kind of,
you know, not have to tiptoe that, could I get sued line? What's the best practice or recommendations?
And actually, there's dovetails with the second part of Saharsh's question, which was, he said,
you know, should I note something, you know, that some of the content might be AI generated
out there. And I'll say that that is the preferred approach, at least for professional companies,
creating content, there are certain laws that are now starting to say, if it's AI generated,
you should go say so and essentially give people a warning. And that actually, to some extent,
could protect you because I don't know, you probably had it on prior episodes. AI isn't always correct.
Yeah, it lies. It makes stuff up completely. I've had it, I've experienced it myself as a lawyer,
or what had it suggest things that don't exist, laws that don't exist, cases that don't exist.
Oh, yeah, yeah.
So if you put in the warning that it's generated by AI, and especially if it's not been fact-checked by you, yeah, that's probably a good thing for you to go put on there.
Yeah.
So, you know, it gets the question of how do I use AI.
So number one is, yeah, you might want to tell people when and where you used AI.
Alternatively, you need a human workflow behind the scenes that verifies things.
If there's any type of factual assertion, for example, you'd want to go verify it.
Otherwise, people will assume you said it.
And you'll be held responsible for the misstatements of something that AI came up with.
So that's part of it for using content.
Otherwise, I think you could assume that you probably can't get a copyright if AI generated a whole cloth.
So if you want to get a copyright, you did part of the work.
You'd want to go keep track of that and document it for yourself.
And the challenge of this is we talked about probabilities and what the machine comes up with.
The machine can come up with the same result for many of the people.
If I have a magic machine that makes images, there's not a guarantee that it's not going to make the same image for everyone else.
So I don't even necessarily even have a lot of uniqueness when I rely solely on that.
And some people really want that.
They want something that is uniquely theirs to go protect.
So you kind of integrate the AI with your other creative process,
and then maybe you'll have something more unique, more onable would be the way to go.
Neil, you've helped walk us through everything from, you know, your background to how to safely create content,
tackled some questions.
Can't thank you enough for taking time out of your busy day and early day to join the show.
So thank you.
Thank you again so much for joining us.
It's fun. Thanks, Jordan. There's a lot more to talk about any one of those topics there.
Oh, gosh, I know. We could go hours, right? So, hey, if you're listening on the podcast, check the show notes. If you're joining live, make sure to check out our daily newsletter that we put out each day. Neil just dished a lot of information. We're going to recap it all in the newsletter. So make sure to go to your everyday AI. Sign up for that. Neil, thank you again for joining us. And we hope to see everyone back again for another episode of Everyday AI. Thanks, y'all. Thanks, Jordan. Love the newsletter.
Thanks.
Meet Firefly AI Assistant.
Now live in Adobe Firefly, the Allman One Creative AI Studio.
Just describe what you want to create in your own words and the assistant handles the rest,
orchestrating multi-step workflows across Adobe Creative Cloud apps,
including Photoshop, Premiere Express, and more in one conversational interface.
You direct the outcome while the assistant accelerates execution.
Stand control with the ability to step in and refine at any time.
See it today at Firefly.
Adobe.com. And that's a wrap for today's edition of Everyday AI. Thanks for joining us. If you enjoyed
this episode, please subscribe and leave us a rating. It helps keep us going. For a little more AI magic,
visit Your EverydayAI.com and sign up to our daily newsletter so you don't get left behind.
Go break some barriers and we'll see you next time.
