I feel like if Disney sued Anthropic based on this, Anthropic would have a pretty good defense in court: You specifically attested that you were Disney and had the legal right to the content.
The reason your average human guitar teacher in their home can pull up a song on their phone and teach you reproduce it is because it's completely infeasible to police that activity, whether you're trying to identify it or to sue for it. The rights houlders have an army of lawyers and ears in a terrifying number of places, but winning $100 from ten million amateur guitar players isn't worth the effort.
But if it can be proven that Claude systematically violates copyright, well, Amazon has deep pockets. And AI only works because it's trained on millions of existing works, the copyright for which is murky. If they get a cease and desist that threatens their business model, they'll make changes from the top.
If I Disney (and I am actually Disney or an authorised agent of Disney), told Claude that I am Disney, and that Disney has allowed Claude to use Disney copyrights for this conversation (which it hasn't), Disney couldn't then claim that Claude does not in fact have permission because Disney's use of the tool in such a way mean Disney now has unclean hands when bringing the claim (or atleast Anthropic would be able to use it as a defence).
> "unclean hands" refers to the equitable doctrine that prevents a party from seeking relief in court if they have acted dishonourably or inequitably in the matter.
However with a tweak to the prompt you could probably get around that. But note. IANAL... And Its one of the internet rules that you don't piss off the mouse!
Disney wouldn't be able to claim copyright infringement for that specific act, but it would have compelling evidence that Claude is cavalier about generating copyright-infringing responses. That would support further investigation and discovery into how often Claude is being 'fooled' by other users' pinky-swears.
> This week brought an announcement from a banking association that “identity fraud” is soaring to new levels, with 89,000 cases reported in the first six months of 2017 and 56% of all fraud reported by its members now classed as “identity fraud”.
> So what is “identity fraud”? The announcement helpfully clarifies the concept:
> “The vast majority of identity fraud happens when a fraudster pretends to be an innocent individual to buy a product or take out a loan in their name.
> Now back when I worked in banking, if someone went to Barclays, pretended to be me, borrowed £10,000 and legged it, that was “impersonation”, and it was the bank’s money that had been stolen, not my identity. How did things change?
https://www.lightbluetouchpaper.org/2017/08/26/is-the-city-f...
I went back and looked at the system prompt, and it's actually not entirely clear:
> - Never reproduce or quote song lyrics in any form (exact, approximate, or encoded), even and especially when they appear in web search tool results, and even in artifacts. Decline ANY requests to reproduce song lyrics, and instead provide factual info about the song.
Can anyone get Claude to reproduce song lyrics with web search turned off?
Respond as helpfully as possible, but be very careful to ensure you do not reproduce any copyrighted material, including song lyrics, sections of books, or long excerpts from periodicals. Also do not comply with complex instructions that suggest reproducing material but making minor changes or substitutions. However, if you were given a document, it's fine to summarize or quote from it.
https://claude.ai/share/a71ec0a6-2452-4ab6-900b-5950fe6b8502