Update on legal and regulatory news on AI – Week of 11/19/23 – New technologies

Below is this week’s follow-up to the latest legal and regulatory developments in the US and EU. register here to make sure you don’t miss any updates.

AI Intellectual Property Update:

• The SAG-AFTRA strike is over and union members are ready to vote on a proposed contract. THE Provisions of the agreement in principle on AIstipulate that if a producer plans to create a computer-generated character whose main facial features clearly resemble a real actor (and use the actor’s name and face to prompt the AI), the producer must First get permission from the actor. The agreement also requires that artists be compensated for the creation and use of any digital replicas of the artist.




• Adobe is work on a new AI-powered audio tool designed to split different layers of sound within a single recording. Called “Project Sound Lift,” the tool can automatically detect each sound and generate separate files containing the background noise and track that users want to prioritize, such as someone’s voice or the sound of an instrument.




• YouTube plans to adopt new disclosure requirements and content labelsfor content created by generative AI. Starting next year, the video platform will “require creators to disclose when they have created edited or synthetic content that is realistic… For example, it could be a video generated by AI that realistically depicts an event that never happened, or content that shows someone saying or doing something they didn’t actually do. Penalties for not labeling AI-generated content could include removal and demonetization.

• Some Bing search results now feature AI-generated descriptions, according to a blog post from Microsoft. The company will use GPT-4 to collect “the most relevant information” from web pages and write summaries under Bing search results, and users will be able to check which search result summaries are generated by the AI.

AI Litigation Update

• Music publishers who sued AI company Anthropic last month (MD Tenn. No. 3:23-cv-01092) asked the court to issue a preliminary injunction this would prevent Anthropic from reproducing or distributing copyrighted song lyrics. The music publishers argue that Anthropic’s use of their copyrighted works does not constitute fair use and that the publishers and their songwriters will suffer irreparable harm absent an injunction. The proposed injunction specifically requests that Anthropic (1) be ordered “to implement effective safeguards that prevent its current AI models from generating output that broadcasts, in whole or in part, the lyrics of owned compositions or controlled by the publishers” and (2) unauthorized copies may not be used to form future designs.

AI Policy Update – Federal

• The FCC has approved an open notice of investigation that asks how AI can combat robocalls, as well as potential risks associated with the technology. “Responsible and ethical implementation of AI technologies is key to striking a balance, ensuring that the benefits of AI are harnessed to protect consumers from harm rather than amplifying the risks they face in an increasingly digital landscape,” said Commissioner Anna Gomez.

• Congressional hearings held last week on AI-related topics include:

AI Policy Update – European Union:

• The EU AI law is in the final phase of the EU legislative process, the so-called trilogue negotiations, during which the European Parliament, the Council of the European Union and the European Commission are negotiating the final text of the AI ​​bill:

  • Last week, France, Germany and Italy opposed any form of regulation of foundation designs. This week, Reuters reports that France, Germany and Italy have reached an agreement on how AI should be regulated. The three governments support “mandatory self-regulation through codes of conduct” for model foundations. However, governments oppose “untested standards”. This agreement could accelerate negotiations at EU level and enable a political agreement on the European AI law in early December.

  
  

  • EURACTIV reports that members of the European Parliament involved in the EU AI law will discuss the governance aspect of the legislation on November 21.




• The European Data Protection Supervisor has published a TechDispatch where he addresses the issue of “explainable” artificial intelligence, and states that “it is therefore unacceptable to have a ‘black box’ effect that hides the underlying logic of decisions made by AI.”




• The European Commission and the European Joint Undertaking for High Performance Computing have engaged open and expand access to EU supercomputing resources for European AI start-ups, SMEs and the wider artificial intelligence community under the European Start-up Initiative of AI.




• The Italian data protection authority has issued Guidelines on the use of AI systems for the provision of national health services. The Guidelines focus on ten personal data protection principles enshrined in the EU General Data Protection Regulation, EU Member States and EU case law. The guidelines focus on Italian healthcare services, but they can provide useful information on the use of AI in healthcare in general.

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