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George Carlin Estate Files Lawsuit Against Group Behind AI-Generated Stand-Up Special: ‘A Casual Theft of a Great American Artist’s Work’

George Carlin Estate Files Lawsuit Against Group Behind AI-Generated Stand-Up Special: ‘A Casual Theft of a Great American Artist’s Work’::George Carlin's estate has filed a lawsuit against the creators behind an AI-generated comedy special featuring a recreation of the comedian's voice.

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George Carlin Estate Files Lawsuit Against Group Behind AI-Generated Stand-Up Special: ‘A Casual Theft of a Great American Artist’s Work’

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  • Ive been thinking about this a lot and if you think about this like they are selling a stolen product then it can be framed differently.

    Say I take several MegaMan games, take a copy of all the assets, recombine them into a new MegaMan game called "Unreal Tales of MegaMan". The game has whole new levels inspired by capcom's Megaman. Many would argue that the work is transformative.

    Am I allowed to sell that MegaMan game? I'm not a legal expert but I think the answer to that would generally be no. My intention here is to mimic a property and profit off of a brand I do not own the rights too.

    Generative AI uses samples of original content to create the derivative work to synthesize voices of actors. The creator of this special intention is to make content from a brand that they can solely profit from.

    If you used an AI to generate a voice like George Carlin to voice the Reptilian Pope in your videogame, I think you would have a different problem here. I think it's because they synthesized the voice and then called it George Carlin and sold it as a "New Comedy Special" it begins to fall into the category of Bootleg.

    • You couldn't sell that game, even if you created your own assets, because Mega Man is a trademarked character. You could make a game inspired by Mega Man, but if you use any characters or locations from Mega Man, you would be violating their trademark.

      AI, celebrity likeness, and trademark is all new territory, and the courts are still sorting out how corporations are allowed to use a celebrities voices and faces without their consent. Last year, Tom Hanks sued a company that used an IA generated version of him for an ad, but I think it's still in court. How the courts rule on cases like this will probably determine how you can use AI generated voices like in your Reptilian Pope example (though in that case, I'd be more worried about a lawsuit from Futurama).

      This lawsuit is a little different though; they're sidestepping the issue of likeness and claiming that AI is stealing from Carlin's works themselves, which are under copyright. It's more similar to the class action lawsuit against Chat GPT, where authors are suing because the chatbot was fed their works to create derivative works without their consent. That case also hasn't been resolved yet.

      Edit: Sorry, I also realized I explained trademark and copyright very poorly. You can't make a Mega Man game because Mega Man, as a name, is trademarked. You could make a game that has nothing to do with the Mega Man franchise, but if you called it Mega Man you would violate the trademark. The contents of the game (levels, music, and characters) are under copyright. If you used the designs of any of those characters but changed the names, that would violate copyright.

      • Celebrity likeness is not new territory.

        Crispin Glover successfully sued the filmmakers of Back to the Future 2 for using his likeness without permission. Even with dead celebrities, you need permission from their estate in order to use their likeness.

    • I think it’s because they synthesized the voice and then called it George Carlin and sold it as a “New Comedy Special” it begins to fall into the category of Bootleg.

      Except this is untrue. They were very open that this wasn't Carlin, but an ai learning from him and mimicking his style.

      The better comparison is that to an Elvis impersonator who sings song they themselves wrote explicitly in the style of Elvis and try to sound like him.

      I think ai changes the game and we need to rethink the laws, but I don't see this case lasting long in court, unless there is some law I don't know about.

      • They also weren’t selling it as far as I know. They put the whole thing on YouTube and prefaced with this is an AI trying to recreate a Carlin stand up set.

  • Good. Can't wait for Nintendo to sue Palworld, too. All this AI garbage needs to be put in it's place.

  • ‘A Casual Theft of a Great American Artist’s Work’

    Except.... maybe not?

    Dudesy started an "AI podcast" as in a podcast "generated by AI" back when GPT-3 was just coming out. Their first episode included an extensive discussion of kayfabe. In other words, an elaborate hoax, using more traditional voice-masking tools, to record a human-written (perhaps AI-assisted?), human-voice, speaking the lines and having Carlin's voice replace the original voice speaking.

    Long article, but worth the read. Certainly seems like kayfabe to me.

    https://arstechnica.com/ai/2024/01/did-an-ai-write-that-hour-long-george-carlin-special-im-not-convinced/


    It’s also worth remembering the context around AI at the time Dudesy premiered in March 2022. The “state of the art” public AI at the time was the text-davinci-002 version of GPT-3, an impressive-for-its-day model that nonetheless still utterly failed at many simple tasks. It wouldn’t be until months later that a model update gave GPT-3 now-basic capabilities like generating rhyming poetry.

    When Dudesy launched, we were still about eight months away from the public launch of ChatGPT revolutionizing the public understanding of large language models. We were also still three months away from Google’s Blake Lemoine making headlines for his belief that Google’s private LaMDA AI model was “sentient.”


    The strongest evidence that the Dudesy AI is just a bit, though, comes later in that first episode. It starts with a lengthy discussion of kayfabe, a popular professional wrestling term that Sasso extends to include any form of entertainment that is “essentially holding up the conceit that it is real… if you're watching a movie, the characters don't just turn to you and say, ‘Hi, my name is Tom Cruise’… he's an actor.”

    Kultgen links the kayfabe concept to one of his favorite reality shows, saying, “For The Bachelor, most of that audience believes it's real. Almost none of the WWE audience believes it's actually real.”

    That’s when Sasso all but gives up the game, as far as Dudesy is concerned. “Of course nobody believes [the WWE] is real,” he says. “It's not about it being real. It's sort of a... you know, they say it's like a burlesque for guys. And that's what Dudesy is, a burlesque for guys.”


    When I first approached Willison with the question of whether a current AI could write the Dudesy-Carlin special, he said he’d “expect GPT-4 to be able to imitate [Carlin’s] style pretty effectively… due to the amount of training data out there.” Indeed, if you ask ChatGPT-4 for some Carlin-esque material, you’ll get a few decent short-form observations, though none of the vulgarity and little of the insight that characterizes a true Carlin bit.

    After watching a bit more of the special, though, Willison said he grew skeptical that GPT-4 or any current AI model was up to the task of creating the kinds of jokes on offer here. “I've poked around with GPT-4 for jokes a bunch, and my experience is that it's useless at classic setup/punchline stuff,” he said.

    Willison pointed specifically to a Dudesy-Carlin bit about the potential for an AI-generated Bill Cosby (“With AI Bill Cosby, you get all of the Cosby jokes with none of the Cosby rapes”). Willison said he’s “never managed to get GPT-4 (still the best available model) to produce jokes with that kind of structure… when I try to get jokes out of it, I get something with a passable punchline about one out of ten times.”

    While Willison said that Dudesy’s Carlin-esque voice imitation was well within the capabilities of current technology, the idea that an AI wrote the special was implausible. “Either they have genuinely trained a custom model that can generate jokes better than any model produced by any other AI researcher in the world... or they're still doing the same bit they started back in 2022,” he said.

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