In an unexpected development, comic legend, George Carlin, credited with a posthumous performance thanks to artificial intelligence (AI). However, this new routine, titled “I’m Glad I’m Dead”, has drawn the ire of the Carlin estate. Despite Carlin’s passing away in 2008, leaps in technology have seen his humor resurrected, a trend seen previously with hologram performances by musicians such as Tupac and Prince.
The basis of the uproar emanates from a lawsuit filed by the Carlin estate against podcasters Will Sasso and Chad Kultgen. The pair, known for their Dudesy podcast, are accused of using AI to extrapolate an hour-long comedy routine from Carlin’s oeuvre, accusing them of copyright infringement and violating the right of publicity. As Bloomberg Law reports, they allegedly admitted to inputing thousands of hours of copyrighted Carlin material into an AI model to fabricate a semblance of Carlin’s voice, creating the illusion of a brand new Carlin performance.
The controversial comedy special begins with a disclaimer, where the podcasters claim that their AI venture is not dissimilar from human comedians doing impressions of famous counterparts. Yet their assurance of not being George Carlin is quickly contrasted when they introduce “George Carlin” to the set. Upon listening, without prior knowledge, one might be duped into believing it’s an unreleased Carlin special.
While it’s plausible a human parody from a Carlin-esque persona may not trigger copyright violations, it’s debatable whether this AI rendition breaches Carlin’s publicity rights under California law. The special’s narrative is based on hours of Carlin’s material, so who would be better positioned to ascertain whether the legendary comedian would have appreciated a discussion on modern political affairs?
If this lawsuit advances to trial, the results could create a precedent regarding the use of AI in artistic pursuits. It serves as a potent reminder for all those venturing into similar creative territories: abide by established protocols, respect the rights of the original creator, and as a rule of thumb, permission should precede any major decision.