Even as creatives are entering legal battles with tech companies to address the rampant copyright infringement engaged in by artificial intelligence, a self-described "comedy AI" created and posted an hour-long George Carlin special, something that was done without the permission of Carlin's daughter, Kelly.
George Carlin died in 2008.
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The special, which racked up around 130,000 views on YouTube since its release on Jan. 9, was the apparent result of the AI consuming every George Carlin special in order to imitate his voice, cadence, attitude and potential thoughts on the current political environment.
The AI in question, an algorithm named Dudesy, co-hosts a podcast by the same name with Will Sasso and Chad Kultgen, who have granted the AI access to their social media accounts, purchases and browsing history so Dudsey can "tailor the show to their specific personalities."
Dudesy likened its so-called impersonation of Carlin to Andy Kaufman's impersonation of Elvis Presley or Will Ferrell's impersonation of George Bush. The video, which is complete with AI-generated images and laugh tracks, is titled: "George Carlin: I'm Glad I'm Dead (2024) - Full Special."
It makes clear only in the intro and description that it is an AI-generated impersonation of Carlin. It was done without the permission of the comedian's family.
ZERO PERMISSION GRANTED. https://t.co/BAm62WrWSU
— Kelly Carlin (@kelly_carlin) January 11, 2024
"My dad spent a lifetime perfecting his craft from his very human life, brain and imagination. No machine will ever replace his genius. These AI-generated products are clever attempts at trying to recreate a mind that will never exist again," Kelly Carlin said in a statement on X. "Let’s let the artist’s work speak for itself. Humans are so afraid of the void that we can’t let what has fallen into it stay there."
If people want to listen to the late George Carlin, she suggested watching any of his 14 comedy specials.
The AI's first "comedy" special, featuring an animated version of quarterback Tom Brady, was posted in April. It was deleted after Brady's team threatened legal action against the podcast.
"I’m worried about his legacy. His reputation. His art. I’m allowed to do that as his daughter and while I’m alive," Kelly Carlin said in an additional post. "It’s important that these corporations don’t rape & pillage art."
Carlin added that she is currently speaking to lawyers regarding the special.
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NYT vs. Big Tech
The special, which Sasso said "sounded exactly like George Carlin," comes at a time when creatives and regulators are attempting to get a handle on generative AI.
The New York Times recently became the latest to sue OpenAI and Microsoft (MSFT) -), alleging rampant copyright infringement in both the input and output of the companies' models, specifically ChatGPT. The Authors Guild last year filed a similar suit, and groups of artists have filed similar suits against AI image generation companies.
The companies, including OpenAI, have argued that it is "fair use" to train their models on content scraped from the internet without credit, notice, permission or compensation, despite the fact that the models then act as the focal point of significant commercial enterprises.
OpenAI is valued at $86 billion; Microsoft, its top investor, has a market cap that is steadily approaching $3 trillion.
The Senate Judiciary Committee, at a hearing Wednesday, said quite clearly that such training "amounts to theft," with Sen. Richard Blumenthal (D-Conn.) adding: "It's not only morally right" for tech companies to pay for the content they use to train their models, "it's legally required."
The U.S. Copyright Office has not yet offered guidance on generative AI and "fair use," a doctrine of copyright law that allows the limited use of copyrighted content for several specific purposes, though it has said that it is studying the law to determine a clear legal answer.
OpenAI, meanwhile, has said that "it would be impossible" to train its models without violating copyright law. The company has entered into licensing deals — whose details remain unknown — with the Associated Press and Axel Springer, and was in the midst of negotiations with the Times before the lawsuit was filed.
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The ELVIS Act
A day after the AI-generated special was released, Tenn. Governor Bill Lee introduced the ELVIS — Ensuring Likeness Voice and Image Security — Act, which is designed to protect artists' voices from the "misuse of AI."
While the state's current laws protect artists' names, images and likenesses, "it doesn’t specifically address new, personalized generative AI cloning models and services that enable human impersonation and allow users to make unauthorized fake works in the image and voice of others," according to a statement.
Artists and musicians, according to a statement, are facing AI-generated exploitation and theft that threatens the livelihood of the state's vast music economy.
The Act would protect against the unauthorized use of someone's likeness through the synthetic generation of that person's voice.
The synthetic imitation of musicians occurred several times through 2023, with AI generating new music masquerading as Drake, The Weeknd, Bad Bunny and Rihanna. Universal Music Group has said that such imitations violate copyright law.
The ELVIS Act has gained the support of the Recording Academy, the Nashville Songwriters Association International, the American Society of Composers, Authors and Publishers and The Living Legends Foundation, among others.
"As AI technology continues to develop, today marks an important step towards groundbreaking state-level AI legislation," Harvey Mason Jr., the CEO of the Recording Academy, said in a statement. "This bipartisan, bicameral bill will protect Tennessee’s creative community against AI deepfakes and voice cloning and will serve as the standard for other states to follow."
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AI and human creativity
Upon hearing the special, Kultgen remarked that the future of stand-up comedy involves AI bringing back late comic legends, despite the obvious difficulties in obtaining their permission to do so.
Though Dudesy has now released two copyright-infringing specials, the podcast and its name, according to its website, are themselves copyrighted.
Beyond the lawsuits that seek to answer the question of copyright infringement in the age of AI, the professional art industry has been further devalued in the past year as businesses have turned to AI-generated content in an effort to cut costs, something several artists recently told TheStreet is indicative of a society that has been devaluing art and artists for years.
AI has no play instinct. It’s a dead machine stealing others’ lives to “create” something new. #ResistZombieCreation https://t.co/2xDZK6eIGg
— Kelly Carlin (@kelly_carlin) January 10, 2024
"Humans are naturally creative. We've been making art since the beginnings of human history and we're not going to stop anytime soon," professional artist Michele Rosenthal told TheStreet last month. "I think it's a shame that the people who are hiring artists seem to have lost respect for artists, seem to think that artists could be replaced by something that is just an algorithm."
Neither Sasso nor Kultgen immediately responded to a request for comment.
Contact Ian with AI stories via email, ian.krietzberg@thearenagroup.net, or Signal 732-804-1223.
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