Sarah Silverman: Did She Cross Legal Boundaries?

In July 2023, comedian Sarah Silverman joined a class-action lawsuit against OpenAI and Meta Platforms, alleging that their AI language models had been trained on her copyrighted books without permission. The suit argues that using her intellectual property resulted in infringing derivatives as third-party users benefit the AI companies.

U.S. District Judge Vince Chhabria dismissed much of Silverman's lawsuit, describing some of the claims as nonsensical. However, Meta did not dismiss the claim that using books to train AI bots could be considered copyright infringement.

Silverman has also faced controversy for her comments on the 2023 Israel-Hamas conflict and for wearing blackface in a 2007 episode of The Sarah Silverman Program.

Sarah Silverman's lawsuit against OpenAI for copyright infringement

In July 2023, Sarah Silverman, along with authors Christopher Golden and Richard Kadrey, sued OpenAI and Meta Platforms for copyright infringement. The lawsuit alleged that the companies' AI models, ChatGPT and LLaMA, were trained on illegally acquired datasets containing their works without permission or compensation. Silverman claimed that her book, "The Bedwetter," was copied and ingested by these models, infringing on her copyrights.

Silverman discussed her lawsuit on Rob Lowe's podcast, "Literally! With Rob Lowe," expressing her concerns about the unauthorized use of her copyrighted book to train AI models. She emphasized that AI companies should not be allowed to use copyrighted material without consent or compensation.

In the lawsuit, the plaintiffs provided exhibits demonstrating that ChatGPT could summarize their books, with "The Bedwetter" being the first book in the exhibits. The claim asserted that the chatbot failed to reproduce any copyright management information included with the published works.

The lawsuit against Meta specifically targeted its LLaMA models, a quartet of open-source AI models introduced in February 2023. The complaint alleged that the authors' books were accessible in datasets Meta used to train these models and that the datasets had illicit origins, acquired from "shadow library" websites like Bibliotik, Library Genesis, and Z-Library.

The authors asserted that they "did not consent to the use of their copyrighted books as training material" and that their lawsuits contained six counts of various types of copyright violations, negligence, unjust enrichment, and unfair competition. They sought statutory damages, restitution of profits, and other remedies.

The lawsuits against OpenAI and Meta by Sarah Silverman and the other authors raised important questions about the ethical and legal boundaries of AI training data and the role of copyright laws in this emerging field.

Her controversial comments about the Israel-Hamas war

In October 2023, during the Israel-Hamas war, Sarah Silverman shared an Instagram post on her story that supported Israel's restriction of food, water, and electricity to Gaza. The post, originally shared by user @elianaeatz, read:

> "Many are saying that it's inhumane that Israel is cutting off water/electricity to Gaza. Israel made it pretty simple—'release the hostages and we will turn it back on.' Instead of pleading with Hamas to release civilian hostages which include babies and toddlers there are politicians (cough cough AOC [Alexandria Ocasio-Cortez]) calling Israel inhumane. If that isn't enough for you: Israel does not need to supply Gaza with these resources (which they do, for free). If Hamas didn't spend billions of dollars on terrorism they would be able to build the infrastructure to support themselves."

Silverman's post sparked outrage on social media, with users accusing the Emmy winner of being pro-genocide and a "genocidal maniac." The comedian later deleted the post, claiming that she had not read it in full before sharing it.

In an interview with the Los Angeles Times, Silverman expressed regret for sharing the statement and said that she had been reassessing her public persona. She also revealed that she had been stoned when she posted it but usually makes "very measured decisions", even while high.

Silverman's comments during the 2023 Israel-Hamas war were not the first time she had sparked controversy. Throughout her three-decade career, the Jewish American comedian has been known for pushing boundaries and speaking her mind. In 2001, she came under fire for using a racial slur during an appearance on Conan O'Brien's show, and in 2007, she wore blackface in an episode of "The Sarah Silverman Program."

Her use of blackface in a 2007 episode of The Sarah Silverman Program

In 2019, Sarah Silverman revealed that she was fired from a movie role due to a 2007 episode of her show, 'The Sarah Silverman Program', in which she wore blackface. In the episode, Silverman's character dons blackface makeup to see whether it is more difficult to be black or Jewish. At one point, the character comments, "I look like the beautiful Queen Latifah," and later tells the congregation at an African-American church: "I'm black today."

Silverman has since expressed regret over the episode, stating that she is \"horrified\" by it and that it makes her "feel yucky." She has also said that she no longer stands by the sketch and that she was fired from the unnamed film after the producers saw a still image from the episode.

The use of blackface is widely considered offensive and racist, and the episode in question has been criticised for perpetuating racial stereotypes and perpetuating racism. While it is unclear whether Silverman's use of blackface in the 2007 episode of 'The Sarah Silverman Program' broke any specific federal laws, it sparked controversy and led to negative consequences for her career.

In the United States, federal laws prohibiting discrimination on the basis of race are enforced by the Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ). These laws include the Title VII of the Civil Rights Act of 1964, which prohibits discrimination in employment on the basis of race, colour, religion, sex, or national origin. Additionally, the Civil Rights Act of 1964 also prohibits discrimination in public accommodations, such as hotels, restaurants, and entertainment venues.

While there are federal laws prohibiting racial discrimination, the use of blackface itself may not be specifically addressed in federal legislation. However, the impact of Silverman's actions and the subsequent backlash highlight the sensitivity and potential legal implications surrounding the use of blackface and racial stereotypes in media and popular culture.

Her use of an ethnic slur for Chinese people during an appearance on Conan in 2001

In 2001, Sarah Silverman used an ethnic slur for Chinese people during an appearance on Conan O'Brien's show, *Conan*. The slur, "chink", was used in the context of a joke, but it sparked backlash, particularly from the Asian American community. Guy Aoki, an Asian American civil rights activist and representative of the Media Action Network for Asian Americans (MANAA), publicly objected to Silverman's use of the slur. The controversy led to a debate between Aoki and Silverman on Bill Maher's show, *Politically Incorrect*.

During the discussion, Silverman defended her joke and did not apologize for her use of the slur. She stated that her comedy style is not for everyone but that she does not want to be viewed as racist. In a 2017 interview, she reflected on the incident, saying that she learned her style of comedy isn't for everyone and that she does not intend to be racist.

Silverman is known for addressing controversial topics in her comedy, including racism, sexism, homophobia, politics, and religion. Her use of satire and deadpan delivery can make it challenging to distinguish between her comic character's endorsements and her actual beliefs. While some may find her brand of humor offensive, she has also received recognition for her work, including a Primetime Emmy Award nomination for Outstanding Lead Actress in a Comedy Series for *The Sarah Silverman Program*.

Her lawsuit against Meta for the use of her copyrighted books to train its AI model

In July 2023, Sarah Silverman, along with authors Christopher Golden and Richard Kadrey, sued Meta Platforms for copyright infringement, alleging that the company's LLaMA language model was trained on their books without permission or compensation. The lawsuit claimed that Meta obtained the authors' works from "shadow library" sites, which are described as "flagrantly illegal".

Silverman's book, *The Bedwetter*, was among those used to train the LLaMA model, according to the lawsuit. The comedian and author argued that Meta had not received consent to use her copyrighted work as training material and had not provided any compensation.

U.S. District Judge Vince Chhabria dismissed much of Silverman's lawsuit, describing some of the claims as "nonsensical". He rejected the argument that Meta's AI system was an "infringing derivative work", stating that there was "no way to understand the LLaMA models themselves as a recasting or adaptation of any of the plaintiffs' books."

However, Meta did not seek to dismiss the allegation that using books to train its AI models could constitute copyright infringement. The company acknowledged that the copying of books for AI training could potentially be considered copyright infringement.

Silverman's lawsuit is part of a broader legal debate around the use of intellectual property in AI training. The outcome of such cases will have significant implications for the future of AI development and the rights of creators whose work may be used without their consent.

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