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this post was submitted on 26 Jan 2024
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Well put.
Eh…. I don’t know that I can agree with this.
I understand the intent behind it, but this specific instance is legitimately in parallel with impersonators, or satire. Hear me out.
They are impersonating his voice, using new content in his style, and make no claim to be legitimate.
So this comes down to “this is in bad taste” which, while I can understand and might even agree with… isn’t illegal.
The only novel concept in this, is that “scary tech” was used. There was no fraud, there was no IP violation, and no defamation. Where is the legal standing?
I didn’t say this was satire, I said it was in line with satire on a legal front. And why did you ignore the “impersonator” line immediately before it and jump straight into parody?
They sampled his work, yes. To get voice, pacing, image, etc. they didn’t then have it spit out copies, or even remixes of his previous work, they had it create new content and made it clear it was not him.
I don’t see this as any different than an impersonator watching hundreds of hours of his routines, getting into character visually and verbally, and walking out on stage to do their own routine.
In fact, let me just ask directly: would you be taking issue with this if it was a real human, no AI involved, who had dressed and trained to move and sound approximately like the man, and then filmed it and put it online? Would you say that is illegal?
Oh good, you understood what I said.
Tell me you’ve never seen a high quality impersonator without telling me you’ve never seen a high quality impersonator. 🤦🏻♂️
No, it really isn’t. Why would it be? Is Carlin a law enforcement officer? Is there an attempt to commit fraud I missed in the middle? What law do you think impersonating a random person breaks?
Not to mention, the title description and opening line make it pretty obvious this isn’t Carlin.
I also noticed a lot of skirting around my question with a distinct lack of a direct answer. So I’ll ask it again: If that was a human who put out the exact same video, and AI was not involved, would you have a problem with it? Because it really seems like you wouldn’t.
I remember when impersonators, such as Rich Little, used to show up on TV. Their whole bit was the skill it took to do the impersonations, not so much what they said. And I don't remember any instance of them only doing one person. There are single impersonation shows, like a Judy Garland concert, but I am not sure where that falls legally.
They trained the AI on his material. That's theft of IP without a license or agreement.
So any human comedian listening and learning from other comedians is also STEALING the intellectual PROPERTY of them? That is very incendiary language btw.
Morally this imho comes down to a workers right issue. So there are legitimate reasons to argue that AI should not take our jobs. A kind of socialist market protection act.
But to use intellectual property in this case is just asking to make anything "Disney like" to be treated as copyright by Disney.
PS: BTW actually listen to the video https://youtu.be/2kONMe7YnO8 it is eerily good.
Presumably they paid to see the show each time they wanted to go learn from him. Also, it's extremely poor form to copy jokes. Learning the art of telling jokes like using callbacks wouldn't require watching solely one comedian either.
No matter how much they say this isn't Carlin, the entire selling premise here is that it's Carlin.
The AI didn't copy jokes, it learned how to generate jokes just like Carlin. The point of this impersonation for me is to be able to actually compare it to Carin, as a benchmark.
It seems also clear that while this is mediocre at best, the next versions of AI will become as good as, and then better than Carlin. And then better than any human comedian could ever be. Might take a while but no doubt in my mind we'll get there sooner than later. So then they'll use artificial persona that become brands and are fully owned by corporation.
And they'll not just be insanely funny, they'll also become incredibly good at propaganda and reprogramming human minds to their master's agenda. Now a human entertainer at least has to have some humanity.
My point is that IP law is the WORST thing you can use to try to limit AIs. The hurt feelings or lost moneys of Carlin's heirs or other corporations are so utterly irrelevant in regards to the repercussions of this issue.
I teared up listening to this special. It was like he was still alive. A lot of good material and definitely in his spirit. People who want to lock up our culture behind paywalls can get bent.
"That use AI to violate the law"
Watch out impressionists. If you get too good you might become a lawbreaker. The AI hysteria is beyond absurd.
That's not what this is about though.
AI should follow the standard norms and conventions we've established up to this point. Which, generally speaking, would prohibit using someone's likeness without their consent to make a profit, and also not using the likeness of a well loved, dead man, in such a trashy way.
You know, basic human decency.
"using someone's likeness"
Again, so someone can't do a gilbert gottfried impression while doing their own stand-up? That's illegal to do because their voice itself is copyright protected? Man, all these AI covers on Youtube are fucked then.
You completely misunderstand the law to appeal to emotion which continues to feed into the hysteria around generative AI. Photoshop isn't illegal, generative AI isn't illegal, doing impressions isn't illegal. This would be no different if someone took that same script and did their best George Carlin impression.
Building those isn't illegal. Using them to make a profit without consent is. The law is very clear here. This is what is at issue here.
Right so every single song, every use of Frank Sinatra's voice on YouTube to cover songs is wildly illegal, yes? They have ads, they're doing it for profit. The people who made the special didn't sell access to it so how'd they make money? Same way I'd imagine.
those the use ai for it, yes actually. in fact, if we're following the letter of copyright law, almost every meme is technically illegal.
Okay then let's focus on impressionists. Grapple with that for a minute because you seem to be avoiding it. If someone does a stand-up special they wrote and did a highly accurate impression of George Carlin, why is that illegal?
I'm not trying to say what's right or wrong it should out shouldn't be. I'm just saying that if we apply copyright literally and aggressively there's numerous things that we take for granted that would go away.
It already is applied aggressively to the point things that are covered under the DMCA both for fair use and transformative content is ignored and claims are made anyway. This special didn't exist and had to be created by the person who made it. Written by them. That's such a significant change that using their voice, something that can be mimicked, seems inconsequential to the law.
If someone can sing a cover of a Michael Jackson song and end up sounding exactly like Michael Jackson, is that copyright? Hell if someone wrote a brand new song and tried to sing it like Michael Jackson would and ends up being indistinguishable, is that illegal? This is the question that needs answering.
This is the best argument I have ever heard for getting rid of copyright law. It can't be followed even if you want to.
yeah, that's exactly the point i was trying to get at. it's all fucked already anyway....
https://en.wikipedia.org/wiki/Midler_v._Ford_Motor_Co.
I don't see why that wouldn't apply to a comedian as well.
Here's the summary for the wikipedia article you mentioned in your comment:
Midler v. Ford Motor Co. , 849 F. 2d 460 (9th Cir. 1988) is a United States Court of Appeals case in which Bette Midler sought remedy against Ford Motor Company for a series of commercials in the 1980s which used a Midler impersonator.
^to^ ^opt^ ^out^^,^ ^pm^ ^me^ ^'optout'.^ ^article^ ^|^ ^about^
While the estate might have a fair case on whether or not this is infringement (courts simply have not ruled enough on AI to say) I think this is a silly way to characterize the people that made this. If you wanted to turn a profit from a dead person using AI to copy their likeness, why Carlin? He's beloved for sure, but he's not very 'marketable'. Without context to those who have never seen him before, he could be seen as a grumpy old man making aggressive statements. There are far better dead people to pick if your goal was to make a profit.
Which leads me to believe that he was in part picked because the creators of the video were genuine fans of his work (the video even states so as far as I remember) and felt they could provide enough originality and creativity. George Carlin is truly a one of a kind comedian whose words and jokes still inspire people today. Due to this video (and to an extent, the controversy), some people will be reminded of him. Some people will learn about him for the first time. His unique view on things can be extended to modern times. A view I feel we desperately need at times. None of that would be an issue as long as it was made excessively clear that this isn't actually George. That it's a homage. Which these people did. As far as I see, they could be legally in the wrong, but morally in the right. It's unfair to characterize them purely by their usage of AI.
Au contraire, literally the only reason cares about this or is paying any attention to it at all is because George Carlin is widely recognized (correctly IMO) as one of the best standup comedians that have ever lived.
If you took this same (tepid, garbage IMO) routine, removed Carlin's "impersonation" (an interesting linguistic side point that George may have found interesting is how can something be an "impersonation" if there's no person involved?) you'd get a lukewarm reception similar to the ones to the material the writers have had previously. But since it's Carlin, you get headline after headline and even people who believe (my own brother for instance) that this material was actually composed in its full, hour-long, coherent format by some machine approximating George Carlin.
I agree that George is one of the best stand up comedians, but that doesn't change that his material is very much counter-culture. It's made to rub people the wrong way, to get them to think differently about why things are the way they are. That makes it inherently not as good of a money maker as someone who tries to please all sides in their jokes. I'd like to believe if he was alive today he would do a beautiful piece on AI.
In your second point I have to wonder though. Who made it a headline? Who decided this was worth bringing attention to? Clearly, the controversy did not come from them. There is nothing controversial about an homage. But it is AI, and that got people talking. You can be of the opinion they did it for that reason, but I would argue that they simply expected the same lukewarm reception they had always gotten. After all, people don't often solicit themselves to be at the center of hate. Even when the association pays off, experiencing that stuff has lasting mental effects on people.
And again, if they wanted to be controversial to stir up as much drama, they could have done so much more. Just don't disclose it's AI even though it's obviously AI, or make George do things out of character, like a product endorsement, or a piece about how religion is actually super cool. All of that would have gotten them 10x the hate and exposure they got now.
But instead, they made something that looks like and views like an homage with obvious disclosure. The only milder thing they could have done is found someone whose voice naturally sounds like George and put him in a costume that looks like George, at which point nobody would have bat an eye. Even though the intent is the same, just the way it was achieved is different.
We can argue their motives all we want (I'm pretty uninterested in it personally), but we aren't them and we don't even know what the process was to make it, and I think that is because the whole thing sure would seem less impressive if they just admitted that they wrote it.
I laughed maybe once, because the whole thing was not very funny in addition to being a (reverse?) hack attempt by them to deliver bits of their own material as something Carlin would say.
This is the concise way of putting it that I've been missing.
Using AI to do something that actually intelligent beings already legally do, like impressions and parody (with disclaimers and all that), isn't suddenly theft or stealing because AI was used in the process. I'm really disappointed in the Lemmy community for buying into all this bs
Impressionists have nothing to do with this.
If I scraped all Beyonce's videos, cut it up and join it into another video, and called it "Beyonce: resurrected", I'm not doing am impression. I'm stealing someone's work and likeness for commercial purposes.
Are you sad that your garbage generator is just a plagiarism machine?
Actually cutting it up into another video makes it transformative and it's protected under the DMCA. Thank you for proving you don't know what you're talking about. Take care.
Sure mate. You try selling a copy of it.
Likewise. You're either too dumb or stubborn to even google what "transformative work" is.
Typical "AI" techbro.
If you think this is what AI is doing I recommend looking more into how generative AI actually works. Even if that was what it did, as long as the ones publishing the work are not claiming or leading people to believe that this is Beyonce's work, then who cares? Should the entire genre of YouTube Poops be paying royalties to all the commercials and politicians they sample and splice?
No, this is not (and never was) how copyright works, nor how it should work.
If you take a second to read the article, you'll knotice that the title of the supposed standup is literally "George Carlin".
The title is "George Carlin: I'm Glad I'm Dead (2024)" and it talks about his own death. Even if someone believes in communication beyond the grave to the extent that they could still mistake it as really being George Carlin, it's immediately explained as AI in the opening segment of the video.
A sticky note is not a legal disclaimer, nor it has any legal value. It's like writing a "disclaimer" about privacy on your facebook wall. There are many works that talk about death, resurrection, being undead, etc. Carlin being dead has nothing to do with the title being an obvious infringement.
Have you watched the video? It's a thousand times more obvious than any legal disclaimer I've ever seen. They are not in any way hiding the fact that it is using AI.
Talking about death in the abstract is entirely possible while you're still alive. Creating material ~two decades after your own death about your death and events that happened since then, less so.
Copyright doesn't protect names or titles.
The video spends nearly a full minute telling you that the channel is dedicated solely to AI content, and that this is not the work of George Carlin. It fills the entire screen with "THIS IS NOT GEORGE CARLIN" several times as the words are spoken by the narrator.
As valid as uploading a copyrighted song to Youtube and saying "No copyright infringement intended" in the description.
A complete false equivalence. Just because improper disclaimers exist, doesn't mean there aren't legitimate reasons to use them. Impersonation requires intent, and a disclaimer is an explicit way to make it clear that they are not attempting to do that, and to explicitly make it clear to viewers who might have misunderstood. It's why South Park has such a text too at the start of every episode. It's a rather fool proof way to illegitimize any accusation of impersonation.
The video is now private so I can't check, but I've read that the disclaimer stated that it was an impersonation.
That's not why south park had that "disclaimer". South Park doesn't need it, it's a parody.
You're right, South Park doesnt need it either. But a disclaimer removes all doubt. The video doesnt need a disclaimer either, but they made it anyways to remove all doubt. And no, they disclaimed any notion that they are George Carlin. Admitting to a crime in a disclaimer is not what it said, that much should be obvious.