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Plus, asteroid samples are brought back to Earth. 
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THE NEWS FIX

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. 

So showing a clip of a Wes Anderson film in a video essay to teach viewers about color theory would likely pass muster, but inserting a clip from Beyonce’s “Formation” music video into your band’s music video, just because you like it, would not. 

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.  

There’s a lot of gray area. Fair use doctrine is intentionally vague, which allows for flexibility and uncertainty, especially when it comes to determining whether inspiration or imitation is just plain plagiarism.

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.



 
SMART IN A SHOT
A small capsule sits in the arid Utah desert after returning from space. Shrubs are nearby with mountains in the distance.
 Click on this image to see inside the capsule that just returned from the asteroid Bennu. (Keegan Barber/NASA)

Formed more than 4.5 billion years ago, the asteroid Bennu could help us better understand the origins of life on Earth. That’s why NASA scientists sent a spacecraft billions of miles to retrieve samples they suspect could contain organic molecules. The capsule from the Osiris-Rex mission returned home this week after more than seven years in space, landing in a Utah desert. Scientists have already begun analyzing the black, dustlike material inside. 

Space travel has not only illuminated existential questions about the cosmos, it’s made our terrestrial life better. NASA’s innovations gave rise to memory foam, cordless vacuums, Nike Air shoes and more precise GPS. But missions to asteroids could also help scientists learn how to defend against or prevent an "Armageddon"-like scenario.    

 
THE NUMBERS

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

The 75th Primetime Emmy Awards were postponed about four months, so we won’t know how the final seasons of “Succession” or “Ted Lasso” fared until Jan. 15.

This week on the podcast
President Joe Biden speaks with a banner reading
Episode 1012: The real problem with passing the federal budget

It's more about politics than process. (Listening time, 34:00)

Listen now
 
NONE OF US IS AS SMART AS ALL OF US

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. 

 
WHAT'S ON TAP FOR "ECONOMICS ON TAP"

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.


KIMBERLY’S LATE SUMMER COCKTAIL

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. 

A new look!
You might notice things look a bit different around here. We've given our newsletter design a modest refresh. Let us know what you think by replying to this email. 

This newsletter was written by Ellen Rolfes and Catie McCarthy and edited by Tony Wagner.

 
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