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Copyright is a Jurassic World for AI | Universal's Plan to Sue Over It (H&H)

Aug 8, 2025 • 120 mins

In this episode, lawyer Richard Hoeg examines the intersection of AI development and legal challenges, focusing on Universal Pictures' legal battles and the broader implications for copyright law. The discussion covers the legal profession's response to AI, societal adaptations, and concerns about AI misuse. Hoeg dives into the fair use doctrine, exploring its application in the case of Anthropic and Claude, and discusses the intricacies of AI training using copyrighted materials. The episode also highlights the ongoing legal uncertainty surrounding AI and transformative technology, with particular attention to the Supreme Court's role and the Disney vs. Midjourney lawsuit, concluding with potential solutions for AI compliance with copyright law.

Key Points

Universal Pictures and Disney are aggressively pursuing legal actions against AI companies like Midjourney for unlicensed use of their copyrighted characters and works.
The legal landscape surrounding AI-generated content is highly ambiguous, with courts still grappling to define the boundaries of fair use in the context of AI training and outputs.
Midjourney's failure to implement protective measures against generating infringing content, despite having the capability to do so, strengthens the case for its vicarious liability in copyright infringement.

LINKS:

THE ARTICLE https://www.hollywoodreporter.com/business/business-news/universal-pictures-big-tech-well-sue-if-you-steal-movies-ai-1236337712/

THE LAWS https://www.law.cornell.edu/uscode/text/17/106 https://www.law.cornell.edu/uscode/text/17/107

TRAINING ORDER https://www.npr.org/2025/06/25/nx-s1-5445242/federal-rules-in-ai-companys-favor-in-landmark-copyright-infringement-lawsuit-authors-bartz-graeber-wallace-johnson-anthropic https://media.npr.org/assets/artslife/arts/2025/order.pdf

DISNEY/UNIVERSAL SUIT https://www.cnbc.com/2025/06/11/disney-universal-midjourney-ai-copyright.html https://www.reuters.com/business/media-telecom/disney-universal-sue-image-creator-midjourney-copyright-infringement-2025-06-11/ https://deadline.com/wp-content/uploads/2025/06/1-2025.06.11-Complaint-w-Exhibits.pdf

Speakers

Richard Hoeg

Host • 100%

Chapters

0:25	Introduction and greetings
1:12	Audience check-in, weather talk, and viewer shoutouts
1:36	Discussion on AI, science fiction, and Universal Pictures' legal battles
4:25	Viewer questions and concerns about AI development
7:04	Legal profession's response to AI and society's adaptation
10:11	Viewer comments on AI and technological advancements
12:01	AI reliance in the professional work and legal system's adaptation
15:44	Concerns about AI misuse and rapid development pace
18:17	Support for the channel and community engagement
19:21	Universal Pictures vs. AI: Main topic introduction
20:06	Fair use, legal implications, and copyright law overview
28:11	Factors in fair use and summary judgment in Anthropic and Claude case
30:23	Piracy vs. licensed use and hypothetical fair use scenarios
36:03	Anthropic's book acquisitions for AI training and technical copying aspects
41:30	Summary judgment process and implications for fair use
46:07	Fair use analysis and video game cases precedent
50:48	Inputs versus outputs in AI training and market impact
1:01:05	Legal uncertainty, future implications, and transformative technology
1:02:50	Audience interaction and state of AI and the law discussion
1:07:33	Supreme Court and technology, Universal's copyright strategy
1:12:28	AI's impact on entertainment and Disney vs. Midjourney lawsuit
1:18:48	Lawsuit excerpts and implications of AI-generated content
1:25:21	Midjourney's legal standing, history, and copyright measures
1:30:14	Arguments and ambiguities in LLMs and copyright law
1:38:14	Potential solutions for AI compliance with copyright law
1:43:11	Midjourney's impact on licensed markets and consumer confusion
1:53:36	Summary of Midjourney court case

Transcript

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