The art world was rattled when Jason M. Allen won first place in the Colorado State Fair for "Théatre D’opéra Spatial" — digital artwork created with artificial intelligence.

Allen had revised his text prompts hundreds of times before landing on the final work; Allen considers Space Opera Theater his creation. But some artists hated his victory. "They were saying I was falsely attributing authorship to something I did not create," Allen said. 

After winning, he submitted the image to the US Copyright Office for a state-issued seal of approval, an official document certifying that the artwork was indeed his creation. Would the Copyright Office agree?

We delved into the controversy surrounding the use of copyrighted material in training AI systems in our first two episodes of this season. Now we shift our focus to the output. Who owns artwork created using artificial intelligence? Should our legal system redefine what constitutes authorship? Or, as AI promises to redefine how we create, will the government cling to historical notions of authorship?

Guests:

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Host/Producer: Matthew S. Schwartz

Editor/Executive Producer: Josh Block

Additional Editing: Andrew Satter

Cover Art: Jonathan Hurtarte

Generative AI tools are already promising to change the world. Systems like OpenAI's ChatGPT can answer complex questions, write poems and code, and even mimic famous authors with uncanny accuracy. But in using copyrighted materials to train these powerful AI products, are AI companies infringing the rights of untold creators?

This season on UnCommon Law, we'll explore the intersection between artificial intelligence and the law. On episode one, we learned about the lawsuits filed against AI companies that trained their large language models on copyrighted work without permission. Now we'll learn about the legal defense that could give the AI companies a pass to continue scraping up whatever content they want, copyright-protected or not.

Guests:

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Host/Producer: Matthew S. Schwartz

Editor/Executive Producer: Josh Block

Additional Editing: Andrew Satter

Cover Art: Jonathan Hurtarte

Generative AI tools are already promising to change the world. Systems like OpenAI's ChatGPT can answer complex questions, write poems and code, and even mimic famous authors with uncanny accuracy. But in using copyrighted materials to train these powerful AI products, are AI companies infringing the rights of untold creators?

This season on UnCommon Law, we'll explore the intersection between artificial intelligence and the law. Episode one examines how large language models actually ingest and learn from billions of online data points, including copyrighted works. And we explore the lawsuits filed by creators who claim their copyrights were exploited without permission to feed the data-hungry algorithms powering tools like ChatGPT.

Guests:

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Host/Producer: Matthew S. Schwartz

Editor/Executive Producer: Josh Block

Additional Editing: Andrew Satter

Cover Art: Jonathan Hurtarte

When Scott Griffin visited the Haunted Trail, he expected to be scared. But he did not expect what happened after he thought the scare was over.

This special Halloween episode of UnCommon Law tells the true story of a man terrorized by a haunted house attraction. Griffin bought a ticket to a haunted house — but ended up getting more than he bargained for: two broken wrists. He sued for negligence and assault. Can someone who paid to be frightened sue when things go too far? 

Guests:

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Host/Producer: Matthew S. Schwartz

Editor/Executive Producer: Josh Block

Cover Art: Jonathan Hurtarte

In the conclusion of UnCommon Law's season-long exploration of noncompete agreements, we look at the Federal Trade Commission's authority to ban the clauses nationwide.

We’ve reviewed how the ban would work and explored the policy arguments for and against it. Now we delve into a more fundamental question: Does the FTC even have the power to make a substantive rule like this one?

It's been 50 years since the DC Circuit Court of Appeals ruled that the FTC has substantive rulemaking power. We’ll learn about that case — National Petroleum Refiners Association v. FTC — we’ll find out why it’s so important to the FTC, and we’ll hear why many believe it would not turn out the same way today.

But that's not all! Even if courts follow National Petroleum, could the FTC get past the major questions doctrine?

The season finale of UnCommon Law features:

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Host/Producer: Matthew S. Schwartz

Editor/Executive Producer: Josh Block

Cover Art: Jonathan Hurtarte

The Supreme Court has effectively ended the use of race as a factor in college admissions.

In a 6-3 ruling, along ideological lines, the divided Supreme Court struck down the admissions programs of Harvard and the University of North Carolina, which both used race as a factor in their admissions process.

Today, on this special edition of UnCommon Law, we’ll learn how the court came to its decision. And: Did the majority leave the door open for colleges to still consider race in some circumstances? We’ll learn why some supporters of affirmative action still have a glimmer of hope.

Featuring:

In its proposal to ban noncompete agreements nationwide, the Federal Trade Commission has touted the potential benefits to workers and the economy. But how would a ban impact business owners?

This week on UnCommon Law, part four of our series on the agency's proposal. Why are so many business owners so adamant that they need to be able to use noncompetes, even when other legal tools — like trade secret laws and nonsolicitation agreements — might protect companies without limiting employee mobility?

Featuring:

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Host/Producer: Matthew S. Schwartz

Editor/Executive Producer: Josh Block

Cover Art: Jonathan Hurtarte

California is one of just three states where noncompete agreements are almost completely banned. California is also the home of Silicon Valley, the global hub of technological innovation. Is that just a coincidence? Or would Silicon Valley be as successful even if noncompete agreements were allowed?

This week on UnCommon Law, part three of our ongoing series on the Federal Trade Commission's proposal to ban noncompete agreements nationwide. Is California’s ban on noncompete agreements really a key component to Silicon Valley’s success?

Guests:

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Host/Producer: Matthew S. Schwartz

Editor/Executive Producer: Josh Block

Cover Art: Jonathan Hurtarte

This week on Uncommon Law: the second episode in our podcast series about the Federal Trade Commission’s proposed nationwide ban on noncompete agreements. We’ll look at one Minnesota hair salon and see how noncompete agreements often play out in the real world. What happens when employees leave the hair salon and try to strike out on their own?

Guests:

The case discussed in this episode is Simonson's Salon and Spa vs. Heidi Hautala, Docket No. 27-CV-15-5647 (Minn. Dist. Ct. Apr 03, 2015)

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Host/Producer: Matthew S. Schwartz

Editor/Executive Producer: Josh Block

Cover Art: Jonathan Hurtarte

This season on UnCommon Law, we’re exploring one of the most expansive Federal Trade Commission proposals of the last half century: a near-total nationwide ban on noncompete clauses. We’ll examine arguments for the ban, and talk to workers who’ve had their livelihoods crushed by oppressive covenants not to compete. We’ll look at arguments in favor of keeping noncompetes, and talk with business owners who say they’re crucial for keeping trade secrets confidential and protecting business relationships. Finally, we’ll explore a more fundamental question: Does the FTC even have the legal authority to do this?

Our first episode explores how this unprecedented proposal came to be. To understand just how out-of-the-ordinary this proposal is, we'll journey into the history of the agency, whose past rulemakings got them labeled the "national nanny" by the Washington Post, and led to threats of defunding.

Guests:

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Host/Producer: Matthew S. Schwartz

Editor/Executive Producer: Josh Block

Cover Art: Jonathan Hurtarte