the brAIn – real AI intelligence for media & entertainment

In this episode, Peter features his exclusive interview with founder and CEO Will Kreth of HAND (Human and Digital), a company focused on developing the world's first standardized "talent ID" system for generative AI and more -- i.e., the first global B2B Talent ID registry platform for efficient discoverability, royalty collection, and revenue tracking of notable legal and natural persons and control of consent-based digital replicas for thousands of major Hollywood celebrities and the most notable Major League Baseball (MLB) and National Football League (NFL) players.

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In this episode, Peter Csathy interviews Josh Freeman, VP of Business Development of "must watch" company ProRata.ai, which sits at the center of the generative AI/content divide. The company has already raised $30 million at a valuation of $130 million. Its vision is to solve one of the most challenging and acrimonious issues at the center of generative AI — i.e., the use of content for training and sourcing purposes without consent, compensation and attribution. Its proprietary tech can do three critical things: (1) identify what it calls “proportionate attribution” to relevant content sources used for generative AI training purposes, based on each source’s relative contribution to the ultimate GenAI output/display; (2) enable reporting of that attribution/contribution; and (3) critically, enabling ongoing payments to the relevant rights-holders.

The company is going further — soon launching its own “Answer Engine” (that it plans to license to others) to compete directly with Perplexity, ChatGPT and others in AI search. But unlike the others, ProRata.ai says it does it all “ethically” — training its AI models on — and then outputting/displaying — only licensed media content. As an example, the company just announced a slate of major UK media licensing deals with the likes of the Guardian and Sky News. And here’s the fascinating part. The company’s business model is predicated on sharing 50/50 with rights-holders on any revenues generated by the LLMs, which means that rights-holders receive an ongoing share in all future revenues generated by the LLMs (not just single up-front licensing payments of the kind that have been negotiated so far).

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In this episode, Peter Csathy's co-hosts discuss his new article titled, "Raw Deal: The OpenAI Court Got It Wrong - Raw Story Media's Lawsuit Was Wrongly Dismissed on 'Standing' Grounds". In his article, Csathy discusses the recent dismissal by a federal judge of Raw Story Media's lawsuit against OpenAI on "standing" grounds. Raw Story had alleged that OpenAI included Raw Story's content in its LLM training data set without consent — and stripped out its copyright management information (CMI) in violation of the DMCA (specific copyright provisions related to the digital era). The Court dismissed the case, because the Judge concluded that Raw Story Media had failed to allege any actionable “harm” or “injury.” 

Csathy writes that OpenAI’s “big win” is a fleeting one that will be reversed if it gets to that point, because the Judge simply got it wrong as a matter of law. And he lays out in detail why that is the case.

Peter generated this episode using Google NotebookLM - and "approves" its content (and believes it is comprehensive, compelling and consistent with his words).

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In this episode, Peter Csathy's co-hosts discuss his article of the same title - including the key AI-related content licensing deals to date, and where things to be heading in the epic copyright infringement/"fair use" battles that increasingly fill the courts between major rights-holders and big tech.

Peter generated this episode using Google NotebookLM - and "approves" its content (and believes it is comprehensive, compelling and consistent with his words).

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Last week, host Peter Csathy wrote not once but twice about Perplexity in his companion newsletter. And for good reason. He first posted an analysis based on The New York Times’ recent “cease and desist” demand to Perplexity. And then News Corp actually filed formal litigation against Perplexity for similar reasons. 

Perplexity responded to News Corp's litigation. Not in the actual courts. Rather, in the court of public opinion. It posted its response on its official blog. You can read its full response here. Suffice it to say, it’s exactly what you would expect it to be. And Peter gives his own response to Perplexity's response in this week's newsletter.

In this episode, our two synthetic co-hosts discuss Csathy's response in the overall context not only of the actual litigation, but in the overall Zeitgeist of generative AI and society. (Peter generated it by simply dropping the text of his "Open Letter" into Google's NotebookLM).

PETER'S NOTE: I "authorize" it. I've listened to the discussion. It is remarkably sophisticated in its discussion - and is worthwhile for listening.

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This episode gives a comprehensive overview of host Peter Csathy's deep dive article with the same title (link below).
 
The discussion uses The New York Times' recent "cease and desist" demand and News Corp's new lawsuit against generative AI search tool Perplexity to discuss the concept of RAG processing - and why it matters in the context of GenAI copyright, infringement and "fair use."

Based on Csathy's article (simply dropped into NotebookLM), Csathy's AI co-hosts also discuss the Second Circuit Court of Appeal's critical new copyright decision in the Hachette v. Interactive Archive case -- which relies heavily on the Supreme Court's most recent major copyright ruling in the "Andy Warhol - Prince" case.

Link to article used for podcast https://themediabrain.substack.com/p/perplexitys-use-of-rag-opens-up-3

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Excellent discussion of host Peter Csathy's deep dive article titled, "Are Tech's Generative AI 'Fair Use' Dominoes Starting to Fall?" 

Based on Csathy's article (simply dropped into NotebookLM), Csathy's AI co-hosts discuss: (1) the ongoing debate about whether AI training on copyrighted works (without consent/compensation) is "fair use"; (2) how developments in the Courts are increasingly pointing in favor of rights-holders (and against "fair use"); and (3) the best possible solution for both GenAI developers and the content owners and creators. 

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In this episode, Peter Csathy hands over the podcast to his Google NotebookLM "synthetic" AI-generated co-hosts to discuss his latest article, "Newsom's Hollywood/Silicon Valley Balancing Act: California's 17 New GenAI Laws May Become the Nation's De Facto Standards." The discussion is both surprisingly smart and surprisingly engaging. Csathy listened (and approved this message).
 
Here is the link to Csathy's article on which today's synthetic co-hosts riff - https://themediabrain.substack.com/p/newsom-in-the-middle-govs-genai-hollywood

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In this part 3 of his Google NotebookLM podcast series, host Peter Csathy enables his "synthetic" AI-generated guest hosts to discuss "the great AI copyright debate: fair use, or not?" Csathy generated this episode by simply uploading the text of his recent article on the subject. The results are fascinating. The conversation smart. But very different than Csathy's original source material (which Google NotebookLM takes ... and runs with it). 

Here is the link to Csathy's article on which today's synthetic co-hosts riff - https://themediabrain.substack.com/p/ai-and-infringement-how-the-supreme

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In this Part 2 to host Peter Csathy's Google NotebookLM generated podcast series, NotebookLM's "synthetic" AI-generated co-hosts discuss themselves - i.e., what their AI-generated personas mean for creativity, art and society. The result is fascinating. So good - the convers-AI-tion, so smart. It's scary.

Csathy generated the episode simply by pasting the link to his latest newsletter in this "wonder app" - no prompts or instruction of any kind needed. Here is the link to the newsletter itself - https://themediabrain.substack.com/p/googles-notebookllm-something-just

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Google just launched NotebookLM, an amazing new content generating AI wunder-app that, in Google’s words, is designed to be “your personalized AI research assistant.” NotebookLM can do many things, but its audio podcast generating feature is what really stands out. 

In this episode, rather than host Peter Csathy telling you about it, he let's the app speak for itself. Literally. Peter generated this podcast simply by typing in his Creative Media website's link -- no prompts or instructions of any kind. The result — generated in minutes — is this fully throated podcast that features two immensely likable, enthusiastic and deeply human sounding voices (one male, one female, both of whom are "synthetic"). Yes, the Synth co-hosts mispronounce Csathy's name (doesn't everybody?). But apart from that, it's remarkable.

The Google NotebookLM app experience is so good, in fact, that it inevitably begs the question: who needs humans anymore? Which begs the logical next question — what precisely is the goal here with all of this generative AI “stuff”? Which begs yet another question: how are we humans supposed to keep up with this endlessly accelerating pace of transformational technology innovation? 

All of which begs my ultimate questions to all of you: shouldn’t we all at least step back and reflect upon what we are doing here? Why we are doing it? And at what creative and societal cost?

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This week's episode features Creative Media's Peter Csathy participating in Streaming Media's recent "Great AI Debate" hosted and moderated by expert and media cartographer Evan Shapiro - and also featuring AI experts and entrepreneurs H. Schuster of HUSSLUP and Chris Giliberti of Avail. 
The debate's central question was a simple one -- are we (or are we not) in an AI bubble right now? 
As expected, the debate got spicy, especially when Shapiro and Csathy exchanged points from opposite sides of the fence. The results are both enlightening and entertaining.

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Creative Media's Peter Csathy interviews CEO Ben Gottdiener, CEO of Narrativ - the generative AI company that enables users to create digital voice replicas (what some call "digital clones"). Narrativ's mission is to be the "marketplace for advertisers to license talent audio AI likenesses." And the big news is that the company just entered into a major agreement with SAG-AFTRA as part of its commitment to using only AI that has been "ethically trained." The two discuss it all in this exclusive interview.

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Peter interviews Shara Senderoff, Founder and CEO of Jen Music AI. The two discuss how Jen Music's "ethically sourced" music ethos is fundamentally different than the ethos of Silicon Valley-backed generative AI music services Suno and Udio. Neither of those companies chose to seek consent from -- or give compensation to -- the artists, musicians and teams that created the music on which they train their AI (and capture 100% of the value that is generated by it). Shara and Peter also discuss Jen Music's overall path and product differentiation, together with the overall path of generative music and art (and impact on the artists and creative community). It's an enlightening and fascinating discussion.

Reach out to host Peter Csathy at [email protected], and check out Peter's entertainment, media, AI and tech-focused business advisory and legal services firm Creative Media. You can also sign up for his free generative AI-focused newsletter "the brAIn" on Substack (via this link) -- all about how generative AI is transforming the media and entertainment industry.

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This episode features host Peter Csathy's recent roundtable discussion from Digital Hollywood's "AI Summer Summit" about the state and status of copyright law and litigation in the world of generative AI (and whether unlicensed scraping is infringement), the current status of the key cases, and how media companies and publishers should decide to litigate -- or to license their content instead.

Peter is joined by Chad Hummel of McKool Smith, perhaps the best and most successful IP and complex litigator on the planet, and by Dr. Moiya McTier, the spokesperson for the Human Artistry Campaign (an organization that represents over 200 media and entertainment organizations). 

It's an important discussion for anyone in the creative and tech communities - and is both insightful and engaging.

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This week's episode features host Peter Csathy's exclusive roundtable discussion with many of the leading players, experts and voices in the world of generative AI and video (including Microsoft CTO Andy Beach). The roundtable for Digital Hollywood's "AI Summer Summit" took place last week and focused on the state (and sophistication) of generative AI video today — and where it’s going in the next year and beyond.
 
Peter organized and moderated the session, choosing a veritable “who’s who” of leading players driving this generative AI transformation of video: Andy Beach, CTO of Microsoft (Media & Entertainment), Paul Trillo (one of the leading generative AI filmmakers), Jen Hollingsworth (Chief Commercial Officer of Flawless AI, a leading genAI company serving Hollywood and Madison Avenue), Renard Jenkins (a leading AI expert and evangelist),and Phillip Fury (a respected AI innovator and entrepreneur). 

The discussion is fascinating, candid, enlightening, and frequently mind-blowing!

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In this week's episode, Creative Media's Peter Csathy first discusses 25 significant ways that the media and entertainment industry is already using generative AI right now -- but doing it "quietly" so that it doesn't rattle legal sabers or attract too much creative community blowback. It's kind of like "25 Things You Always Wanted to Know About Generative AI, But Were Afraid to Ask! Many of these 25 will be entirely new to you, and likely may even surprise you. But all are powerful. And many of them are compelling.

As always, Peter also identifies the Top 10 key generative AI headlines of this past week that impact the media and entertainment industry -- and then talks about some "must attend" live or virtual AI-focused industry events. Finally, Peter lays out the latest updates on the key generative AI copyright infringement cases now winding their way through the courts. You can find more detail about those key AI cases on Peter's companion "the brAIn" newsletter.

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In this special bonus episode, Creative Media's Peter Csathy tackles the fundamental issue now facing Big Tech and Big Media -- whether generative AI "training" on unlicensed copyrighted works is infringing (or is, instead, defensible fair use)? Peter gives a concise, non-legalese overview of the business and legal issues involved in the leading cases -- including The New York Times v. OpenAI -- that are currently winding their way in the courts. He then identifies and analyzes the key legal precedents cited by both sides -- including the landmark 2015 "Google Books" case and separate recent "Andy Warhol/Prince" Supreme Court case. 

Peter also predicts, based on those precedents, how the Supreme Court would rule on these copyright infringement issues in the generative AI context if one of the relevant cases (like The New York Times) ultimately makes its way to the Supreme Court. It's an important discussion -- one that's on virtually everyone's minds in the worlds of media, entertainment, AI and tech. And Peter is the right person to lay it all out. He started his career as an IP lawyer and litigator in a major firm -- then became General Counsel of a multi-billion dollar operating division of Universal Studios -- but then became a serial CEO/President of several tech-forward media companies that achieved successful exits. 

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In this week's episode, Creative Media's Peter Csathy first discusses the concept -- promoted by Black Eyed Peas auteur will.i.am -- of the new generative AI era of artists as being "seeders." Gone are the days of "traditional artists" in will.i.am's view, and he uses himself as an example of what he has in mind. Peter discusses both the significant merits of will.i.am's view (for at least some established artists and franchises) -- and the significant perils of his view for the rest.

As always, Peter also identifies the Top 10 key generative AI headlines of this past week that impact the media and entertainment industry -- and then lays out the latest updates on the key generative AI copyright infringement cases now winding their way through the courts.  

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Recently, Toys ‘R’ Us premiered a new 66-second ad at Cannes Lion in the hopes of signaling to  the world, “we’re back!” The company was the first significant brand to produce a major spot using Sora. Reviews of the ad itself were decidedly mixed, but the ad’s real impact may have been in the halls of enterprising plaintiff’s law firms.

In this episode, Peter flags a potential expansive new front in the generative AI copyright legal wars that proliferate in the courts. Brands may soon find themselves swept up into that toxic mix with arguments of secondary liability and vicarious infringement. And that legal risk -- using Sora and other genAI tools -- slows adoption (and demands a consent and compensation solution for copyright holders). Peter also gives the week's Top 10 generative AI headlines that impacted the world of media and entertainment, and also gives an overall update on the key copyright infringement cases currently in the courts (and why they matter).

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