All Episodes

July 25, 2024 14 mins
 Offering insights into the implications of using AI-generated content. Have you given AI a try yet when it comes to your podcast? Today, we are diving into the topic of copyright and the role of artificial intelligence in podcasting. Barry Kantz, General Counsel and CFO at Blubrry joins Mike to explore the legal intricacies and practical implications of using AI-generated content in your podcast. Featuring current trends and potential future legislation, this episode offers valuable insights for podcasters navigating the evolving landscape of content creation and copyright. Tune in to learn how to protect your work and stay ahead in the industry. Today's Hosts: Mike Dell and guest Barry Kantz Mike and Barry kick off the episode discussing the intersection of copyright and AI in podcasting, offering insights into the implications of using AI-generated content. Legal Considerations with AI and Copyright: Barry delves into the legal landscape surrounding AI-generated content, emphasizing that under U.S. law, AI-generated content cannot be copyrighted as it is not created by a human. The discussion references the famous "monkey selfie" case (Naruto v. Slater), which set a precedent that only humans can hold copyrights. Practical Advice for Podcasters: All podcasters should modify AI-generated content to make it their own and avoid potential legal issues. This is important, understanding that AI-generated content, particularly text, is built on probabilities and not direct copying. The Role of AI in Content Creation: Growing use of AI in generating show notes, images, and even music. AI-generated content can be useful, there are nuances and potential legal pitfalls, especially concerning copyright. Future of AI in Podcasting: The conversation touches on ongoing court cases and possible future legislation that may shape the use of AI in content creation. Barry mentions that in Japan, AI-generated content can be legally owned, a contrast to the current U.S. stance. Final Thoughts: By acknowledging that while AI tools are becoming increasingly sophisticated, authentic human voices and emotions in podcasting remain invaluable. Blubrry highly encourages podcasters to stay informed about legal developments and make informed decisions about using AI in your work. The best place for support with any Blubrry product or service is our ticket system. Tickets give the whole team access vs. direct emails or calls. General podcasting discussion and more can be shared on the Blubrry Podcasting Facebook group. Fill out our listener survey at surveys.blubrry.com/podcastinsider Hosting customers can schedule a one-on-one call with Todd or a tech checkup with Mike. todd@blubrry.com and mike@blubrry.com Stay tuned for more episodes and visit our website for the latest updates and resources.
Mark as Played
Transcript

Episode Transcript

Available transcripts are automatically generated. Complete accuracy is not guaranteed.
(00:00):
Welcome to podcast Insider. I'm Mike Doyle, the
Vp customer relations here at Blueberry Podcast podcasting.
Hello, I'm barry kent. I'm general Counsel I'm
chief Financial off or of blueberry. So, yeah
today, we're gonna talk about copyright your podcast,
especially when you're using Ai to create your
content.
You're listening to podcast insider hosted by Mike

(00:21):
Dell, Todd Cochran and Mackenzie Bennett from the
Blueberry team.
Bringing you weekly insights, advice and insider tips
and tricks to help you start, grow, and
thrive through podcasting.
With all the support of your team here
at Blueberry
podcasting. Welcome. Let's dive in.
So Barry with us the longer than I've

(00:43):
been with us since 2005,
so An old timer, I'm 1 of the
founders of the company.
You've been on this show before, but to
probably not in the newest format. You've been
podcasting as long as just about anybody here
at Bra and Blueberry. Yeah. I started a
podcast in February 2005.
Yeah. You beat me by, I don't know,
3 4 months. So

(01:05):
we've we've been at this a while. So
today, like we said in the intro there,
can talk about copyright and Ai in podcasting.
And then we have a few subject you
wanna a cover there. Yeah. You know what
speaking about in business for a long time.
We've seen a lot of changes come forth
in terms of podcasting over the years.
And the biggest, and I think the most

(01:26):
recent change comes with artificial intelligence and creating
content
for your podcast. And there's some dangers in
that not sure how significant those dangers are,
but, you, it's good to be aware of
them. When I'm talking about danger. I'm talking
about the legal liability
for your podcast.
And part of that legal liability would come
to copyright

(01:47):
violations. And when you use artificial intelligence,
who owns that content or the copyright to
that content when you use Ai produced content
and your podcast.
Well,
our
United States copyright office
does not recognize
content
that's not created

(02:08):
by a human being. An artificial intelligence
obviously, isn't a human being. So our copyright
office does not.
Recognize any copyright that you, the producer would
claim on that content since it was produced
by artificial intelligence.
So where does that come from? You know,
they just don't do this off the cuff
and just make a rule, you know, pull

(02:29):
it out the sky. And so here's the
rule.
Actually, this comes from a court case, and
it's Na versus slater, and it's known as
the monkey selfie case. That's a fun name.
And this was several years ago. I mean,
if this case took place well before artificial
intelligence came onto to the scene,
and what happened there was that a wildlife

(02:51):
photographer was in
Indonesia at a wildlife preserve
photograph the crust
Monkeys.
And the photographer left his camera sitting,
I don't know where. But he left it
sitting and 1 of the Mac cox
by the name of Na, pick up the
camera

(03:12):
and amazingly enough started taking selfies of itself,
and the photographer came back to the United
States and took those photographs and published them
and a book that the photographer was selling.
Well, Peter, people for ethical treatment of animals
jumped down
as next friend to New

(03:33):
and said, you're violating
the copyright.
Because No took those photographs and you didn't
so you're violating the animals copyright.
So the case went to court, and
as it ended up, the court basically
decided
that
a monkey
cannot own a copyright

(03:56):
because the statute
specifically states that a copyright is produced by
a person.
And
that's where this came from because the monkey
is not a person then the monkey can't
own the copyright. Therefore, the wildlife photographer could
use those photographs in the book.
And as it turned out that the photographer
made kind of a settlement with Pe and
donated some money or something? Because the long

(04:18):
and short of it is that if you
use
artificial intelligence,
created content
in your podcast,
1 of the ways to avoid the liability
would be to do some changes just use
that Ai generated content as inspiration and make
changes to the content so that you can
call it your own, make it your own
in other words. The question that came to

(04:39):
mind though, while you were talking was k.
Ai
is not human, obviously.
But
it's a language model based on
other people's works.
Is that a problem? Meaning maybe a snippet
of this or a snippet of that that
came from somebody else? Well, I don't know
I guess, the way I understand large language

(05:01):
models is that they use artificial intelligence to
assess the probabilities of 1 word or 1
letter actually words, I think, following
another word.
And use those probabilities to put together intelligence
sentences.
So it shouldn't be somebody else's content because

(05:21):
the L uses probabilities
to create the content and doesn't actually copy
content.
So it just learns off of how other
people speak. Right? Yeah. Actually, it's the simple
way to put it. That's what it does.
Well, I like to be simple.
Over tech people. You know, sometimes, you know,

(05:43):
especially thai I have a problem where we
get too geek and, you know, sometimes you
gotta bring it down to normal people level.
Yep. I couldn't get pretty geek used. Oh,
yeah. For sure. There are court court cases
out there are going on right now to
clarify some of the issues about artificial intelligence
and copyright.
So over time, these issues should sort themselves

(06:03):
out. And also there's
legislation probably being drafted or considered that will
reconsider some of these issues in terms of
ownership of content produced by
artificial intelligence. So,
we just have to keep up on what's
changing? Are there new laws? Are there new
precedent set by court cases? So, you know,

(06:23):
we just
keep our ears and eyes open and see
what happens.
A lot of us are using Ai
images.
And
Those I think are pretty good because they're
not to direct copies of somebody else's
imagery.
Just in my head, that seems like it's
a little safer than the text. Yeah. If

(06:43):
somebody looks in an image and says, and
it looks like the photograph that I took
on that I own, Mh even though it
may
remotely resemble the photograph that the human being
took and owns,
like still could be a challenge
to your Ai produced content, your picture that
you produce with Ai. But, yeah. You know,
copyright always been a thing in podcasting, you

(07:04):
know, for at mailing music.
Yeah. Seemed to be the the big sticky
1, and nobody's ever really got that sacred
out, at least for the licensed music.
Know,
I can't remember who he was. Just died
recently, but 1 of those guru guys he
he actually did jet a license for taking
care of business as his

(07:26):
theme on
but he had to jump through so many
hoops
to get that
signed off, and he was successful at. I
and I don't know if, you know, he
was completely successful, but he never got sued.
Brian Eb. You remember him.
Oh, yeah. Yeah. He plays some copyright in
music, and that's so far knock on wood

(07:48):
so good.
But he plays cover versions of other people's
songs. Even though those cover versions are also
copy written and but I think he pays
a lot in in royalties or whatever that
is the fees to be able to do
that.
As far as I know, they're are the
only 2
that I remember being able to do the

(08:08):
music part. Yeah. Well, you know, the issue
here comes into play is music created by
the artificial intelligence and there are Ai out
there that will create music and do a
heck of a job. I, I've played with
the 1. I can't think of the name
of it, but created some music and did
a create, dogg on a good job of
creating music. Or if it sounds like somebody
else's music, you could be on hook for

(08:30):
a copyright violation. Adam and Dave played a
song that was completely Ai generated,
and I mean, it sounded pretty good.
Fooled Adam. So...
You, He he's the Dj guy. So that
was pretty interesting.
I use Ai a little bit. I use
our tools here at Blueberry for show notes

(08:50):
mainly. I know on this show Cathy Mckenzie
use
Ai to generate the show notes
and works out pretty good. I think the
risk is in terms of your legal liability.
I think the risk is fairly small.
Because do they know you're using Ai?
And if they know that, then
are they gonna take it to court Or

(09:11):
they gonna challenge you on
2 or 3 paragraphs of showing oats. I
mean like like what? Yeah. Likely not. Yeah
the other same with Ai is
authentic voices
are gonna be more important
in the future because, you know, who knows
whether you know what you're listening to is
Ai. And as it gets better, talking about
the audio itself. The deep fakes can be...

(09:34):
But they can be challenging? Is it real
or is it not? Is it real or
is it member? Be that commercial? Oh, yeah.
A lot of times you could tell. You
know, I watch a fair amount of Youtube,
and there's a lot of Youtube videos out
there that if you really didn't know what
you were listening for you know was Ai,
the voice over, but, you know, some of
them are really, really good. Yeah. I listen

(09:55):
to some of those Youtube videos and the
voice over is produced by Ai, and it's
pretty good, but then all of a sudden
here comes a word that the Ai totally
mispronounce and it's common word. You know, I
think, well, that's an Ai. Produce the content.
Yeah. I listening to some aviation ones.
They... You know, like, they'll say for a
fighter jet, they'll say the f 111

(10:17):
instead of the F 01:11.
Yeah. There's something like that. And then you're
like, oh, that's an ai.
Really. But Yeah. You know, the more we
use it the more all the legal realities
will get worked out. I'm sure that you
were saying. And, yeah. I think at this
current time, everything's
seems to be okay. Now, I have a
question. Should we be claiming, at least letting

(10:38):
people know that that's something is Ai generated?
Well, I think that's up to the content
producer. Mh okay. That's their content.
And, you know, You, we we don't we
don't dictate how they produce their content. We
don't want to what want no business in
that. Right. No. I was just curious if
it would be a good idea, but, I
guess, probably not, not necessary anyway. Yeah. If

(10:59):
they... If if our
customers wanna include that and and their show
notes or in their podcast,
I'm fine.
I guess, we don't wanna be there to
dictate how you do it. Yeah. He was
so I was playing on with
see it's des script,
and, where... Where you can clone your voice,
and, you know, that was pretty rudimentary entry.

(11:21):
And I did a an entire episode.
Of, you know, with with a clone voice.
You could... You know, it sounded like me,
but there was no soul behind it. Yeah.
It, you know, it was very
flat. You know, And I I know you
can probably train
train Ais for your voice
that sound way better. Obviously, because I've heard

(11:42):
them. But you know, it was kind of
fun, playing with it, but I I wouldn't
use it myself for... Yep. Because I think
the authentic voice is still gonna be at
a premium.
Especially, you know, the more and more of
this Ai generated stuff we get.
You know, I'm just thinking Youtube, but podcasting
as well.

(12:03):
You know, III
think it's gonna be more valuable to you
have authentic voices at least, You know, Look
Wrong with show notes and whatnot? The the
the question is, can can you train Ai
to put emotion? Yeah Like the inflection that
I just use. Can you train eye Ai
to put a motion
in your voice?
Yeah. So of them are getting pretty good.

(12:24):
Yeah. But, you know, Course, then they'll probably
get that slightly off. You know, like, when
you're generating images, you ever notice this that
it can't spell, You know, if you wanna
put text in an image.
No. Yeah.
It never can sp. You know, I've tried
2 or 3 different ones, and, you know,
they they what they do is they try
to cram letters to fill the space and
and sometimes they add extra loans or take

(12:45):
some out or drop off. Like they said
it's a it's a whole new world, man.
Yeah for sure. Not perfect yet, But just
wait. Yeah. And as I've heard many people
say, we're using the worst Ai you're ever
gonna use right now.
Yeah. I'm still pretty okay. So, Barry, do
you I think we have it all covered
or do do you have anything else you'd
like to add?

(13:06):
Well, 1 1 last kind of interesting point
that that may indicate the direct that the
United States may go in in terms of
copyright and Ai.
And that is, if you're in Japan and
use Ai to produce your content,
then that Ai produced content is yours, and
the Japanese
recognized you as owning that content even though

(13:30):
it was generated by Ai.
So this... You know, that that may be
the direction we're going in.
I don't know. But it's 1 of those
things that I'm sure people are seriously considering
as they look at the issues here involved.
So Now, they had just 1 last point
there Mike. That's what I had, and that's
all all I had for now. No. Very

(13:50):
good. Yeah. And like I said, we're sure
to get this all worked out over the
years and, you know, Bs, what court cases
come up and how they get resolved and
what the legislature does and and all of
that. But thanks for being on today and
Yeah. You you bet, my pleasure. Glad to
be here. Alright. Thanks for listening, and we'll
catch you next week.

(14:12):
Thanks for joining us. Come back next week.
And in the meantime, head to pot cast
insider dot com for more information to subscribe,
share and read our show notes.
To check out our latest suite of services
and learn how blueberry can help you leverage
your podcast visit blueberry dot com. That's blueberry

(14:33):
without the ease. We couldn't afford the ease.
Advertise With Us

Popular Podcasts

Stuff You Should Know
The Joe Rogan Experience

The Joe Rogan Experience

The official podcast of comedian Joe Rogan.

Dateline NBC

Dateline NBC

Current and classic episodes, featuring compelling true-crime mysteries, powerful documentaries and in-depth investigations. Special Summer Offer: Exclusively on Apple Podcasts, try our Dateline Premium subscription completely free for one month! With Dateline Premium, you get every episode ad-free plus exclusive bonus content.

Music, radio and podcasts, all free. Listen online or download the iHeart App.

Connect

© 2025 iHeartMedia, Inc.