Leadership

As the excitement and adoption of generative AI has exploded over the last couple of years, not enough thought and consideration has been given to the obvious and emerging ethical and safety considerations. Yes, content creators and owners have protested (and filed numerous law suits against) the wholesale scraping and stealing of content for the training of AI models, and the alarm has been raised about the dangers of deep fakes especially as we head into a particularly contentious election cycle. But we need to create more incentives for the tech companies to take responsibility.

⚡ In a transparent effort to not take responsibility for the technology they are developing, tech companies have tightened up their terms of service, pushing liability for copyright infringement and other potential harms to the consumers of their technology.

😡 This is neither an ethical nor sustainable way of addressing the present and future harms being caused by the rapid evolution and eager adoption of AI technology.

📣 The important question of "who is responsible?" is now one of the primary issues that I face in representing clients who are contracting for services that in any way integrate AI technology. While of course I will continue to zealously advocate against contract terms that require my end user clients (mostly artists and arts institutions) to bear the burden of almost certain and potentially devastating future liabilities, the power differentials often make this an uphill battle.

🌟 The question of who should take responsibility for the harms caused by AI technology is an area ripe for legislative action. It's great to see the states start to address these issues (kudos again to Gavin Newsom for the multiple bills signed into law last week), but Federal legislation is really needed to create a solid and ethical foundation on which individual states can build.

💡 So, imagine my excitement when I heard the latest podcast from the extraordinary team at the Center for Humane Technology which addresses this issue head on and makes very clear policy arguments for passing Federal legislation requiring tech companies to take responsibility for the technology from which they are reaping extraordinary profits and power! I urge anyone interested in this space and the challenges of how we ethically and sustainably operate going forward to give it a listen. Would love to hear your thoughts on this topic as well!

Excited to be teaching Art Law again at USC Gould School of Law this fall! Looking forward to meeting my students and covering a lot of ground in our few weeks together!

This year’s Christie's Art + Tech Summit was nothing short of spectacular! The program was once again stellar, and it was wonderful to catch up with friends and colleagues and meet some new folks as well.

The downside of advancing technology without regard for ethics and the impact on other’s rights is very clearly coming into focus. Can we once and for all acknowledge that taking a more thoughtful and measured approach might actually be more progressive in the long run? The move-fast-and-break-things mentality ignores the evergreen wisdom of the tortoise and hare fable, promoting a greed-driven, and as this article points out, Machiavellian approach to progress especially as it relates to technology. There definitely are benefits to be realized from AI, but the gimmicky approach driven by avarice and arrogance are doing a disservice to the process.

An interesting, albeit somewhat incomplete, overview of the evolution of digital art in the marketplace and museums. Thank you to the author, Zachary Small, who raises some crucial points.

Deputy Director and Chief Curator at the Guggenheim Museum, Naomi Beckwith's comments are particularly insightful: “We have hit a critical point where the technology that’s available to artists has far outpaced what museums can offer in terms of resources. So we have to beef up."

Museums are in a challenging spot with so many interests to satisfy. Along with many other parts of the art ecosystem, museums will be well-served to deeply consider their role in art history, public service, and increasingly as tastemakers for the marketplace. This article brings attention to many of these considerations and provides a rich foundation for some much-needed and fascinating conversations!

This story is such a disappointing example of how so many of the public statements promoting systemic change, and efforts claiming to focus on diversity and inclusion have largely been ineffective lip service, achieving only the illusion of movement. This is not to take away from some of the incredibly important work being done by those promoting diversity and inclusion, but to bring attention to the fact that superficial efforts do not bring about any real change. There need to be sustained efforts focusing on the systemic racism and systematic exclusion deeply embedded in our communities and what needs to happen to effect true change. While the names of streets, schools, and other institutions in our communities are symptoms of profound underlying problems, the emotional impact and power of memorials and monuments that honor people, places, and events cannot be underestimated. These kinds of civic choices speak volumes about who and what we value within our communities. In order for change to be sustainable, it must first be sincere. In order to reach that deeper place allowing for meaningful movement, we must find a way to acknowledge the fear and anxieties created by changing the familiar. Especially as we approach another contentious election, we need to be open to recognizing the nuance inherent in difficult issues and the value of empathy in our conversations and actions. This is how we will bring others along with us and achieve significant lasting change.

Such a great few days at the Legal Issues in Museum Administration Conference in Cleveland, OH! Wonderful to see so many art law colleagues and the fabulous panels. Thank you ALI CLE for all that you do to put this event together every year, to Gonsowski Law, PC for hosting a fabulous party at the Rock & Roll Hall of Fame and the Cleveland Museum of Art for the closing reception—truly an extraordinary, world-class collection! Can’t wait for LIMA2025!

Truly enjoyed this conversation for AccelPro hosted by Neal Ungerleider with Yayoi Shionoiri about hashtag#artinpublicspaces hashtag#publicart and hashtag#intellectualproperty.

Congratulations to all of the amazing institutions who completed the latest We Are Museums WAC Training Session! I'm honored to have been included again as a trainer and mentor for this stellar program--can't wait to participate in the 2024 Demo Day.

Thank you to the fabulous WAC Lab Team Diane Drubay, Fanny Lakoubay and Maxime Laprade for organizing another top-quality experience. And of course to Tezos Foundation for its ongoing support.

Great article by Winston Cho about some of the thorny issues being battled out in various lawsuits. Really enjoyed our conversation, and grateful for the mention, as well as recognition for my law partner Scott Sholder’s important contributions in the Author’s Guild’s lawsuit. Winston consistently does an excellent job of presenting the complex legal concerns about AI with which we are grappling.

#AI hashtag#copyright #infringement #artlaw #artlawlawyer

As we see the opportunities for using NFTs and blockchain technology within the art market stabilize and mature, and the evolution of the potential for blockchain to provide solutions within the AI space, it is great to see this report issued by the USPTO and USCO! Given the incredibly fast pace of these conversations, Shira Perlmutter and Kathi Vidal, along with those in their respective offices who worked on this report, did an incredibly thoughtful job of articulating the relevant issues and challenges. I am grateful to have had the opportunity to contribute to the discourse and look forward to continuing to explore the implications of these technologies and their nexus with the law, creative innovation, and the arts.

And as always, immensely grateful for my colleagues Yayoi Shionoiri & Megan Noh who also contributed to the content underlying this report, and with whom I enjoy ongoing collaborations and conversations.