Does “fair use” apply to artificial intelligence? A Delaware federal judge cleared the way this week for one of the first trials about copyrighted material being used to train generative AI. Media company Thomson Reuters has accused now-defunct Ross Intelligence of unlawfully copying copyrighted material from a Reuters website and using it to train a Ross-owned, AI-based search engine. The trial could determine what data can or can't be used to train AI models.  

Let’s first define fair use. It’s a legal doctrine created to promote freedom of expression and creativity. But it isn't a get-out-of-copyright-trouble-free card. You must "transform" the original into something unique or use it to express a fresh point of view. 

The nature of the work matters. Artist Andy Warhol's use of Campbell’s soup cans in his famous screen prints counted as fair use because they represented an artistic commentary on commercialism. But Supreme Court Justice Sonia Sotomayor recently argued  that Warhol's use of a photograph of Prince by Lynn Goldsmith did not because both the photo and the screen print were created for commercial purposes.  

Can copyright law address the harms of AI? Because the ways most companies train their AI models are secretive and nonconsensual, it can be hard to spot what copyrighted data is or isn’t being used to begin with. Researchers at Stanford University have proposed new guardrails for generative AI like the creation of “fair use filters,” which would prevent users from generating work that is too similar to copyrighted originals.

Lawsuits aren't the only way to address this. The U.S. Copyright Office is currently reviewing copyright law to see whether it needs to be updated to address AI, and the agency has extended the public comment period to Oct. 18. This is your chance to weigh in. Just make sure you don’t use generative AI to write your feedback.

The Hollywood writers strike is over, but actors are still picketing, with negotiations set to resume Monday. After almost five months of labor unrest, fall TV is going to look a bit different this year. Let’s do the numbers.

Sept. 29

Late-night shows, which have been on hiatus since the Writers Guild of America walked off the job, will be back on the air soon. HBO’s “Real Time with Bill Maher” resumes today after a false start a few weeks ago, followed by “Last Week Tonight” on Sunday. Network late-night shows all come back Monday — RIP “Strike Force Five.” 

14%

Just 14% of CBS’ primetime block (8 to 11 p.m. Eastern) will feature new scripted shows. That’s down from 77% in 2019 and even includes “Yellowstone,” which the network ported over from cable. The Wall Street Journal did the numbers, here’s a free link. What’s on instead? Reruns, reality shows, game shows and sports.

10

ABC plans to simulcast 10 additional “Monday Night Football” games with ESPN. More football on Mondays lets the network move reality around to fill out its primetime schedule.

20th

For example, ABC’s “Bachelor” spin-off, “The Golden Bachelor,” is moving to Thursdays in lieu of “Grey’s Anatomy,” which saw its 20th season delayed indefinitely by the strikes. 

90 minutes

“Survivor” and “The Amazing Race” are airing extended 90-minute episodes this season, which CBS announced in May in the early days of the WGA strike.

Four(ish) months

Tell us what’s making you smarter at smarter@marketplace.org. We'd love to include your recommendation in a future newsletter.

What books are in "Books3"?

Newsletter writer Ellen Rolfes recommends an Atlantic article about a database of more than 191,000 pirated ebooks that companies use to train their AI models. The link includes a search tool that authors will find particularly useful as it allows them to see what books are part of the illegal Books3 collection.

Inflated prices

Producer Jordan Mangi is reading a National Affairs story about how colleges' listed tuition prices often bear little resemblance to what most students pay. There's also a new initiative to make prices more transparent.   

Most federal workers live outside the Beltway

Intern Catie McCarthy is reading a Washington Post story that shows how a government shutdown would affect employees far beyond the nation's capital. 

We’ll be streaming Friday’s show on the Marketplace YouTube channel at 3:30 p.m. Pacific time, 6:30 p.m. Eastern. 

Kai will be drinking water, but maybe we’ll convince him to also try this lemon and Coca-Cola challenge. Kimberly is mixing up an original cocktail, which involves alcohol, peach juice, and kombucha.

1 part shrub 

3 to 4 parts alcohol 

4 parts peach juice 

Finisher that's spicy and fizzy, like ginger lemon kombucha

Combine the shrub, alcohol and peach juice and stir. Add your finisher and serve. A peach slice is nice as a garnish.