I was delighted to be thinking about my career at the U.S. Environmental Protection Agency (EPA) during my latest podcast where I speak with Katie Butler. While I was there, Katie wore a number of hats at the EPA’s Office of Inspector General and was a skilled and effective leader. Post-EPA, Katie recently launched a new business -- The GeoLiteracy Project LLC. The GeoLiteracy Project’s mission is:

 

“We help environmental leaders optimize their programs and maximize their results. We advise on the best science, strategy, and management techniques to help you save the Earth faster." 

 

**UPDATE -- Katie is in a new position now as EPA Region 4 Director of Water Programs, https://www.linkedin.com/in/kathlenebutler/

 

Here’s what I asked Katie to share with us (episode now archived!)

 

1. What led you to The GeoLiteracy Project?
2. How do you define “geo-literate”?
3. What should we know about the GeoLiteracy Project?
4. How did your EPA work influence the GeoLiteracy Project?
5. I know you’re a supporter of drone technology and the benefits it can provide. Drones are fun – and to my surprise -- bounce-back well from crashes (😊). Importantly, drone mapping and monitoring can provide highly valuable data and information.  What are your thoughts?
6. You just launched your company a few months ago.Can you share any perspective on what your clients are striving for?
7. I worked with you (Katie) for years on highly challenging, complex and difficult issues, and I know first-hand how confident clients should be in working with you. Anything else we should know about The GeoLiteracy Project?

 

 

StillLake McDonald - Glacier National Park, Montana

 

 

I have a whale of a story that I hope inspires you as much as me. It’s about a Humpback Whale I photographed last month (July) in Bonavista, Newfoundland, Canada. When I get good quality Humpback Whale photos – specifically tail or “fluke” photos -- I submit them to organizations with the tools and resources to analyze photos for identification. The color, scarring, and edge patterns on Humpback Whale flukes are unique to each one -- and like a human fingerprint – are used to establish the identity of individual Whales. A clear photo of Humpback flukes is a step toward identification. For various reasons, identifications from photos aren’t always possible, but when they are, we might learn something about the whale’s age, gender, whether it’s had calves, and how far it’s traveled or migrated in its lifetime. Since Humpback Whales can live 80 to 90 years, those kinds of facts aren’t only fascinating, they reveal a great deal about animal behavior.

 

I shared my photo with an organization called Allied Whale. Allied Whale has been using photographic identification (photo-ID) techniques to study North Atlantic Humpback and Finback (Fin) Whales for over 40 years. Allied Whale, managed and curated by the College of the Atlantic in Bar Harbor, Maine, published the first North Atlantic Humpback Whale Catalog in 1977. That first Catalog contained 120 Humpback Whales. Today’s Catalog includes sighting information for over 10,000 individual whales from all the known feeding and breeding/calving grounds in the North Atlantic Ocean. The North Atlantic Ocean encompasses a large area of North America, Europe, and parts of South America and Northern Africa. The North Atlantic Ocean meets the South Atlantic Ocean at the equator. Allied Whale is the central Humpback Whale identification database for all the North Atlantic Ocean.

 

Map of Atlantic Ocean

 

What I learned about this Humpback Whale, which Allied Whale identified as “na1982” is that it was first photographed 45 years ago in 1979 in the same area of Bonavista Newfoundland I took my photo. So.... exciting fact 1 is that this Humpback Whale is older than 45, and possibly much older. The other exciting (magical??) facts about this Humpback are, (2) my sighting in July 2024 was only the second sighting of this Humpback since 1979, and (3) the first and only other sighting was by Dr. Jon Lien, a man who later became an international leader in marine conservation and animal behavior.  

 

Let me share some important information about Dr. Lien, sometimes called the “Whale Man.”  Dr. Jon Lien, originally from South Dakota, was a pioneering marine biologist and conservationist who made significant contributions to the protection of marine life through his groundbreaking work with entangled whales. Known for his innovative approaches to disentangling whales from fishing gear, Lien's efforts not only saved countless whales but also raised global awareness about the dangers of human activities on marine ecosystems. He was concerned about addressing both the welfare of the whales and the concerns of local Newfoundland fishermen. Newfoundland was where Dr. Lien first started his work and research.

In the early days of whale entanglements, many Newfoundland fishermen couldn’t get help or support to free whales from their nets and some resorted to shooting whales to maintain their livelihood. Dr. Lien’s creation of the Whale Release Program utilized specialized tools and techniques for safe disentanglement and became a model for similar initiatives worldwide. Lien's dedication to both research and education left a legacy in marine conservation, highlighting the critical need for ongoing efforts to preserve the delicate balance of our oceans for marine life and humans.

 

Dr. Lien’s empathy to both the whales and the people of Newfoundland and Labrador led to the rescue of more than 500 marine animals during his career and the improved livelihood of many Newfoundlanders and Labradorians.  He was awarded the Order of Canada the second-highest Canadian honor for merit and the Order of Newfoundland and Labrador a civilian honor for merit in the Canadian province of Newfoundland and Labrador.

 

Is na1982 just a fluke?

 

 

Sources and Information:

https://www.coa.edu/allied-whale/research/

https://en.wikipedia.org/wiki/Jon_Lien

https://www.researchgate.net/publication/279479082_The_Whale_Man_of_Newfoundland_and_Labrador_Jon_Lien_1939-2010

https://www.mun.ca/science/graduate-students/the-dr-jon-lien-memorial-scholarship/

https://gazette.mun.ca/campus-and-community/the-whale-man/

American Robin Nest, Ohio

Every Spring and Summer it happens. Smart birds, like this American Robin, build their nests in perfect places for them, but imperfect places for us. American Robins usually nest in trees, but when your house, or structures around your house, provide even better places for a Robin’s nest, your home may become a short-term Robin nursery. It’s easy and inexpensive to provide deterrents to bird nesting around your property and it’s also something you’ll want to do.  Why? Once a bird like an American Robin builds a nest and occupies it, if you live in North America, federal law prevents you from relocating or doing anything else to the nest (e.g., power washing it off your house) until the nest is unoccupied.  It doesn’t matter if the nest was built in an inconvenient place for you, or it’s leaving gross bird poop on your siding, under federal law, we must wait it out.

 

What the Law Says

If you live in North America, American Robins are a migratory, native species and therefore protected under the Migratory Bird Treaty Act (MBTA). The United States Fish and Wildlife Service (USFWS) under the U.S. Department of Interior administers the MBTA. USFWS tells us:

 

• “Most bird nests are protected under the Migratory Bird Treaty Act (MBTA)”

 

• “No person may take (kill), possess, import, export, transport, sell, purchase, barter, or offer for sale, any migratory bird, or the parts, nests, or eggs of such bird except as may be permitted under the terms of a valid permit.”

 

• “Under the MBTA it is illegal to destroy a nest that has eggs or chicks in it or if there are young birds that are still dependent on the nest for survival. It is also illegal for anyone to keep a nest they take out of a tree or find on the ground unless they have a permit to do so issued by the U.S. Fish and Wildlife Service.”

 

That’s clear to me, but to sum it up, it generally doesn’t matter if the nest was built in an inconvenient place for you, or it’s leaving gross bird poop on your house or around your house, under federal law, we must wait it out. Be aware that you could face a hefty fine if you decide to take matters into your own hands and remove or relocate a federally protected nest. 

 

American Robin Nestlings, Ohio

 

Good News - We Have Some Control over These Good Mom Birds

American Robins may start scouting out nesting areas as early as January.  Before January – preferably well before January if you’re in a cold climate – install bird nesting deterrents. You could place these where you’ve seen Robins nest before or where you see the bird just starting to place its nesting materials. Keep in mind that American Robins nest in gutters, eaves, on outdoor light fixtures, and other structures that are well-protected and elevated spaces. There’s a variety of inexpensive and easy-to-install bird nesting deterrents; here’s one source, https://chirpforbirds.com/how-to/how-to-stop-birds-from-building-nests-on-your-house/

 

More Good News – Baby Robins Leave the Nest Immensely Faster Than Human Kids

If you saw the nest too late, or couldn’t get your bird nest deterrents up in time, the babies will leave the nest in a very short time. Once the eggs are laid, American Robins incubate them for about two weeks until hatched. From that time, it’s only about another two weeks before any surviving chicks will fledge, or leave, the nest. That’s fast.

 

American Robin, Ready To Fledge the Nest, Ohio

 

When it’s Okay to Move a Nest

Not all bird species are native or have federal protection under the MBTA, such as starlings and some sparrows.  There are only two times when it’s ok to move a nest of a MBTA protected bird:

 

• The nest is no longer in use.

 

• The nest was built in a birdhouse.

 

Help is Out There

If you find yourself in the company of a good Robin mom, or any bird, who decided your property was the perfect place to raise her kids, there are resources to help. One of the first places I recommend is contacting your local, or nearest, licensed Wildlife Rehabilitator.  The National Wildlife Rehabilitator’s Association, where I’m a member, maintains a nationwide list, https://www.nwrawildlife.org/page/Found_Injured_Wildlife as does the Humane Society, https://www.humanesociety.org/resources/how-find-wildlife-rehabilitator.  If necessary, you may also consult with your State Wildlife Agency or County/District Wildlife Biologist.

Good American Robin Mom, Ohio

 

Helpful Resources:

https://www.allaboutbirds.org/guide/American_Robin/overview

https://en.wikipedia.org/wiki/American_robin

https://www.wbu.com/birds/robins/

https://www.fws.gov/law/migratory-bird-treaty-act-1918

https://www.fws.gov/story/bird-nests

 

 

 

 

Seeing whales in nature is a moving and unforgettable experience. Like seeing many wildlife, seeing whales in nature is a reminder of how diverse and extraordinary life on Earth is and our place within it. The anticipation of spotting a whale and the thrill of finally seeing one in the wild is an exhilarating experience that stays with you long after the encounter ends. Their immense presence commands respect and admiration. During my recent trip to Maui, Hawaii I was graced by several incredible humpback whale encounters. The story of humpbacks is better today than it once was. Once exploited by humans to near extinction, the 1986 ban on commercial whaling was a landmark decision that helped protect these majestic beings from complete slaughter. Though some countries still actively hunt and consume whales, since the moratorium, whale populations have shown remarkable signs of recovery. With the end of hunting pressure, many species rebounded. This resurgence is a testament to the effectiveness of conservation measures and the resilience of whale populations when given the chance to thrive.

 

 

Numerous conservation initiatives have been implemented to protect whales and their habitats worldwide. These efforts include establishing marine protected areas, implementing regulations to prevent collisions with vessels, advocating for sustainable fishing practices that minimize bycatch, and public awareness education.

 

While I was in Maui, I whale-watched and photographed in the Hawaiian Islands Humpback Whale National Marine Sanctuary. Hawaiian Islands Humpback Whale National Marine Sanctuary was created to offer protection for whales while in their preferred habitats, which are the relatively shallow waters less than about 600 feet deep that are found around the islands. These areas include Penguin Bank, the Maui Nui region (Maui, Lāna‘i, Moloka‘i, and Kaho‘olawe), Kaua‘i and Ni‘ihau, Hawai‘i Island, and O‘ahu. Other protected underwater species also inhabit the waters around the Hawaiian Islands, including several species of dolphin and five species of marine turtles: the green sea turtle, hawksbill, leatherback, loggerhead, and olive ridley. Only the endangered hawksbill turtle and the threatened green sea turtle are commonly found in Hawaiian waters. 

 

In the United States, the Hawaiian Islands are the principal winter breeding grounds for the North Pacific humpback whale population. Each winter and spring approximately half of the north Pacific humpback whales, representing thousands of animals, visit the waters around the Hawaiian Islands, including sanctuary waters. Here they breed, give birth, and nurse their young. During one of my whale-watching encounters a mother and her calf approached the boat. This happened in a matter of seconds and the boat was buzzing with activity over the sight. I managed to only photograph a portion of the calf's head and tail as it was (quickly!) coming and (quickly) going! 

 

It was thought this was a weeks-old calf. Those bumps on its head are called tubercles. It's believed they help humpbacks detect vibrations in water which may help them feed on certain fish; others believe it helps reduce drag when whales are swimming and surfacing. In any event, those bumps exist for a purpose. At birth, humpback whales are "only" 12-14 feet long, and weigh "just" 1 to 1.5 tons. Everyday during the first six months of a humpback calf's life they grow around an inch and gain around 100 lbs. The reason for such an enormous growth spurt is the calf feeds only on its mother's milk (about 100 gallons a day) which is a super-concentrated, nutrient and fat-rich product.

 

Reliably predicting when or where you might see a humpback whale come to the surface, raise a fin or tail out of the water, or perform the most spectacular behavior -- breach out of the water --- is a bit of art and science. If you're on a boat and whale-watching, the challenges for photography increase because everything's always moving -- you, the water, the boat, your camera, the light, and the whales. It can also be difficult, if not impossible, to bring your highest quality camera equipment (i.e., biggest lens) on a whale-watching boat. When you're photographing whales by boat, pack your patience, understanding, and your skills in using your smaller telephoto lens. Fortunately, I was able to do some whale-watching from the lanai (porch or balcony in Hawaiian) of the property I stayed at on Maui. For this land-based whale watching I was able to use my biggest lens (1,000mm) and capture some of the incredible whale activity in the Pacific waters off in the distance. 

 

I had truly incredible humpback whale encounters while spending time on Maui and the waters of the Hawaiian Islands Humpback Whale National Marine Sanctuary. In addition, I was able to share my photographs with Happywhale. As a result, I contributed to the science and knowledge about 7 humpback whales. Happywhale is a citizen science platform that plays a pivotal role in monitoring whale populations and migration patterns. Happywhale allows individuals to report whale sightings and contribute to a global database, providing researchers with insights into whale behavior and distribution. Using artificial-intelligence-based automated image recognition Happywhale attempts to identify whale flukes (tails) from voluntarily uploaded photos and distinguish the whales among over 43,000 individuals known globally. Happywhale notifies you of what they find.  Below I provided the results of what I learned about the whale images I provided to Happywhale:

Happywhale Digest

Happywhale sounds cute, and it's an important component of conservation and the science behind saving and protecting whales from human exploitation. Here's a few of their recent highlights: 

• Happywhale on CBS Sunday Morning: https://www.cbsnews.com/news/identifying-individual-humpback-whales-online-happywhale
• Recent publications:
  • Bellwethers of Change: North Pacific humpback whale climate response: https://doi.org/10.1098/rsos.231462
  • Humpback whale automated image recognition: https://rdcu.be/cCOtw 
  • Multi-species image recognition: https://besjournals.onlinelibrary.wiley.com/doi/full/10.1111/2041-210X.14167

 

It's organizations like Happywhale that I love to support, so much so that I became a patron (financial supporter). I named one of the whales that I photographed and that was also in the Happywhale database. I named the whale Nani, which means beautiful in the Hawaiian language. Nani was first spotted in 2005.  I thought it was special that she was still alive when I spotted and photographed her 19 years later in 2024.

 

Happy whales to you!

Side B on records refers to the flip side or second half of the vinyl disc. It's the counterpart to Side A, usually considered the "main" side. Side A typically contains the primary or lead tracks of an album, representing the artist's chosen sequence of songs for initial exposure to listeners. Side B would showcase a different mood or style, providing an additional exploration of the artist's creative range. I took thousands of photos in 2023. There's never enough time or digital space to share them all, so here's a few of my favorite Side B photos from 2023 that are heading to the archive!

White-breasted Nuthatch

Fall is often when I have more time to give some of my time to volunteer work. Last week I joined a group of local neighbors for maintenance work on rain gardens (also called bioretention beds or cells) that are installed in various places around my Washington, DC neighborhood.

Bioretention Bed/Rain Garden, NW Washington DC

These rain gardens were built under permits from the U.S. Environmental Protection Agency (EPA) to help capture and filter out pollutants that accumulate in large quantities during rain and storm events. They're necessary to meet legal requirements and standards of the Clean Water Act. Maintenance of these rain gardens became complicated and misunderstood by some, so a new approach to maintenance was needed so the rain gardens could work as intended.  Environmental issues are personally important to me and I was happy that I was able to help out. It involved lots of digging and planting on a beautiful day.  

 

Partners and Volunteers Going Over the Plan

Maintenance of Bioretention Beds

Social responsibility is often a driving force when it comes to volunteerism and charitable work; and it is for me. I have another volunteer event next month with the Owl Moon Raptor Center. This is an organization I try to volunteer with as much as my schedule and commitments allow. If you follow me on Facebook or Instagram you may have seen my posts about volunteering for them. They do very important work to heal, rehabilitate, conserve, or end suffering of injured or sick wild raptors when necessary. 

Volunteering with Owl Moon Raptor Center

Volunteering provides you with the opportunity to be a catalyst for change. Whether you're passionate about environmental conservation, social justice, education, or helping those in need, your contributions can have a tangible, positive impact on the lives of others.

Sometimes volunteering means stepping out of your comfort zone. As you step out of your comfort zone and take on new challenges, you'll develop skills, confidence, and resilience that can benefit you in all aspects of life.

Volunteering brings people together who share a common cause. You'll meet individuals who are as passionate as you are, fostering friendships and professional connections that can last a lifetime.

Numerous studies have shown that volunteering is linked to improved mental and physical health. It reduces stress, increases feelings of happiness, and even enhances your sense of purpose and self-worth.

Volunteering often leads to a deeper understanding of your own values and beliefs. It can help you clarify what truly matters to you and guide your life choices accordingly.

It's been a busy and productive summer of travel and big projects, and now we're in the thick of fall migration. One of my big projects this summer was publishing my book, "Outer Encounters."  You can easily purchase it here on my website, or at one of my shows this fall. It's a limited edition book that I expect will sell out before the holidays, so get your copy while you can.

 

I've certainly taken hundreds of photos over the last few months -- some I've been able to share on social media, while others won't be published and will only be limited collections for book and art buyers (p.s -- look for another book in 2024!).  However, I wanted to be sure to get some of the hundreds of photos I've shot recently in the blog for my website visitors to enjoy!

 

White-breasted Nuthatch

 

Bay Breasted Warbler

 

Monarchs Mating

 

Blue-gray Gnatcatcher

Common Yellowthroat - female

 

Young Cape May Warbler

 

Baltimore Oriole - Male

 

Baltimore Oriole - Female

 

Bay-breasted Warbler

 

Red-eyed Vireo

 

Young Lesser Black-backed Gull

 

Great White Egret

 

American Kestrel - Female

 

Am I Real?Real Background, Wildlife Created With Adobe Photoshop (Beta, Generative AI module)

 

I’m selective, which also means careful, about how much news I watch, read, or listen to, and where it comes from. There’s more than a lot of hype and headlines-only out there. So, when I recently started seeing a lot in the news about Artificial Intelligence (AI), and specifically, Generative Artificial Intelligence (Generative AI), including a meeting President Biden just had with tech leaders to discuss regulating AI, I thought I should do some more reading on the topic.

 

This blog post summarizes my recent research on issues and topics in Generative AI, including my discovery that over 140 of my copyrighted images were “scraped” from my website and used by a Generative AI tech company. As a photographer who has active copyright registrations on their work, sells their work, and regularly publishes copyright-protected images on the Internet, the alarm bells regarding Generative AI are deafening. Because Generative AI involves much more than improper copying of photographs from the web, you don’t have to be a professional photographer to be concerned and alarmed by what Generative AI has morphed into, and what the industry has done. Please take the time to read the rest of this post.

 

What is Generative AI?

 

Generative AI is a computer science discipline where computers are “trained” on “vast quantities of preexisting human authored works.” When a user types some words in a text prompt, the computers learn how to generate new content based on the content they were trained on. The resulting output may be text (words), visual (photographs or other images), or audio (music,speech), and is determined by the AI model based on its design and the material it has been trained on.

 

Generative AI models learn the patterns and structure of their input training data, and then generate new data that has similar characteristics. There are several Generative AI models, or systems, including ChatGPT (and its variant Bing Chat), a chatbot built by OpenAI using their GPT-3 and GPT-4 foundational large language models, and Bard, a chatbot built by Google using their LaMDA foundation model. Other generative AI models include artificial intelligence art systems such as Stable Diffusion, Midjourney, and DALL-E.

 

Understanding “training data” is critical to understanding where one of the loudest alarms is ringing in the field of Generative AI. In the context of Generative AI, “web scraping” is a common method to gather large amounts of training data from the internet in order to “train” Generative AI models. Web scraping sounds bad and it can be bad. However, it’s legal when done according to the rules. Scraping the web refers to the automated process of extracting data from public websites. It involves using software tools or scripts to access web pages, retrieve their content, and extract specific information such as text, images, or structured data. Generative AI models including, Stable Diffusion, Midjourney, Dall-E, and ChatGPT make wide-ranging use of content scraped from the Internet. Web scraping does not involve asking for permission or notifying in advance that your website has been “scraped.” Hear the alarm bells?

 

 

Why Does This Matter?

 

Any search on your favorite web browser of “benefits of Generative AI” will tell you something about how Generative AI will revolutionize and transform the world, while also saving money, time, reduce barriers to learning, enhance creativity, and so much more. In a nutshell, there are certainly benefits of Generative AI, and that matters. 

 

What also matters is that we don’t allow the incredible hype of Generative AI to distract from its real risks. The risk I’m personally familiar with is web scraping in order to get training data for Generative AI companies. The Congressional Research Service (CRS) reported in May 2023 (https://crsreports.congress.gov/, Report number R47569, Generative Artificial Intelligence and Data Privacy: A Primer, May 23, 2023),

 

“…. such models [web scraping] rely on privacy-invasive methods for mass data collection, typically without the consent or compensation of the original user, creator, or owner.  Additionally, some models may be trained on sensitive data and reveal personal information to users. In a company blog post, Google AI researchers noted, “Because these datasets can be large (hundreds of gigabytes) and pull from a range of sources, they can sometimes contain sensitive data, including personally identifiable information (PII)—names, phone numbers, addresses, etc., even if trained on public data.”

 

CRS also reported:

 

“Generative AI datasets can include information posted on publicly available internet sites, including PII and sensitive and copyrighted content. They may also include publicly available content that is erroneous, pornographic, or potentially harmful.”

 

These CRS findings point to serious and potentially unlawful activities. Hear the alarm bells?

 

The CRS report also discussed a new tool for artists and others to identify and report content that’s been scraped and found its way into these Generative AI training datasets called “HaveIBeenTrained.” HaveIBeenTrained is an organization created by artists that provides anyone an opportunity to opt-out or opt-in if they discover their content has been scraped up into specific AI training sets. As of June 24, 2023, the landing page for the HaveIBeenTrained website states, “Over 1.4 billion images opted out and counting.”

 

I plugged my website into HaveIBeenTrained and discovered that over 140 photographs from my site had been scraped and were in the LAION-5B training data set. AI researchers download a subset of the LAION-5B data to train Generative AI image synthesis models such as Stable Diffusion and Google Imagen. Although all work on my website is copyrighted, and I didn’t grant permission, give consent, or was compensated, the Generative AI companies decided anyway to copy my work for their use and profit. When users find their work has been scraped, HaveIBeenTrained provides an opt-out or opt-in option. Since I own the domain for my website, I opted out for my domain (my web site). With that said, it’s completely unknown to me whether that occurred in practice. There’s no entity enforcing or overseeing any of this voluntary behavior. I don’t have access to the training data sets where my images were copied. Given the complete lack of good faith and appearance of unlawful behavior by some Generative AI companies, I’m approaching this situation with a large dose of healthy skepticism. I encourage the same to anyone impacted in this way.  Hear the alarm bells ringing?

 

Is it Legal?

 

Very big and critical question. I address two of many legal issues in this area, (1) legality of Generative AI companies scraping from the web and using copyrighted content in their training datasets, and (2) legality of copyrighting content generated from AI systems (i.e., not human-authored content), whether text, image, or audio.

 

First, as mentioned earlier, web scraping is legal when done according to the rules. However, AI companies are seeing a growing number of lawsuits from artists and others concerning web scraping copyrighted content and using it in Generative AI training data sets. In January 2023, Getty Images, a stock photo company, initiated legal action in the United Kingdom against Stable Diffusion AI, a Generative AI company. The basis of the lawsuit is Getty Images belief that Stability AI “unlawfully copied and processed millions of images protected by copyright” to train its software. The following month in February 2023, Getty Images filed a second action in the United States also against Stable Diffusion AI, alleging they copied more than 12 million photographs from Getty Images’ collection, along with the associated captions and metadata, without permission from or compensation to Getty Images, as part of its efforts to build a competing business. Getty Images said, “As part of its unlawful scheme, Stability AI has removed or altered Getty Images’ copyright management information, provided false copyright management information, and infringed Getty Images’ famous trademarks.”

 

Another lawsuit against Stable Diffusion, and two other AI companies - Midjourney and Deviant Art - was also filed in 2023 by a group of three artists. The artists — Sarah Andersen, Kelly McKernan, and Karla Ortiz — allege that these organizations have infringed the rights of “millions of artists” by training their AI tools on five billion images scraped from the web “without the consent of the original artists.”

 

Shortly after I published this blog article, in June 2023, two new class action lawsuits were filed against Generative AI company, OpenAI. More information on these actions are found here: https://clarksonlawfirm.com/togetheronai/ and https://www.saverilawfirm.com/chatgpt-language-model-litigation. There are other current lawsuits against Generative AI companies, including another filed in July 2023 by accomplished Comedian Sarah Silverman, https://www.documentcloud.org/documents/23869693-silverman-openai-complaint. It’s important to watch these cases, particularly for future litigation, including class actions.

 

A second issue that’s come up with Generative AI is whether products of this tool can be copyrighted. Generative AI starts with entering a text prompt, sort of like doing a Google search. For example, if you wanted a photo of a grey owl against a snowy background, you would simply type that in the prompt and the AI will generate it for you. Is that copyright-able?  This issue has come before the US Copyright Office, and will likely continue to come before the Office. The Office’s current policy position, expressed in a March 2023 Federal Register Notice (Copyright Registration Guidance: Works Containing Material Generated by Artificial Intelligence, Federal Register /Vol. 88, No. 51 /Thursday, March 16, 2023 /Rules and Regulations, U.S. Copyright Office, Library of Congress), reads:

 

“In the Office’s view, it is well established that copyright can protect only material that is the product of human creativity [not Generative AI products]. Most fundamentally, the term ‘‘author,’’ which is used in both the Constitution and the Copyright Act, excludes non-humans. The Office’s registration policies and regulations reflect statutory and judicial guidance on this issue.”

 

While anyone can mark anything with a copyright symbol it doesn’t mean it’s registered with the U.S. Copyright Office, or that it could be registered. Official copyright registrations (which I have on my published photographs) is what secures the ability to take legal action for copyright infringement. The Federal Register notice provided examples of cases where the US Copyright Office has refused to register Generative AI-based copyright applications.

 

Matters surrounding Generative AI and copyright protections are currently very active policy issues with the U.S. Copyright Office. In spring 2023, the Office hosted four virtual listening sessions on the use of artificial intelligence to generate works in creative fields. “Copyright Office staff asked participants to discuss their hopes, concerns, and questions about generative AI and copyright law. The sessions were fully remote and focused on literary works, including print journalism and software; visual arts; audiovisual works; and music and sound recordings.”

 

In June 2023, the U.S. Copyright Office hosted another virtual event exploring guidance for registration of works containing Generative AI content. More events are on the way -- on July 26, 2023 the Office will host a virtual discussion on global perspectives on copyright and AI. Event description -- "Leading international experts will discuss how other countries are approaching copyright questions such as authorship, training, exceptions and limitations, and infringement. They will provide an overview of legislative developments in other regions and highlight possible areas of convergence and divergence involving generative AI."   Sign up for notices about all U.S. Copyright Office events here, https://www.copyright.gov/events/

 

Anticipate more to come on this.

 

 

 Is it Ethical?

 

The use of AI raises ethical questions because an AI system will reinforce what it has already learned. This becomes a problem because the kind of machine learning that underpins many of the most advanced AI tools are only as smart, fair, accurate, and balanced as the data they’re trained on. Because humans select the data used to train an AI program, the potential for bias in what the machine has learned is a risk and must be monitored closely.

 

Other ethical issues are that AI makes it difficult to determine the authenticity of media and the products of Generative AI, including images and artwork. This works to erode trust in the people (artists, photographers, authors, students, creators, journalists) and their industries or avocations (journalism, art, photography, education, etc…) and leads to confusion about the truth.  Hear the alarm bells ringing?

 

 

 

What’s the Government Response?

 

Some good news -- although the federal government doesn’t appear to move as fast as the tech industry, the government has issued guidance, executive orders, a “Blueprint for an AI Bill of Rights,” and has taken other action related to the growth and growing use of AI.  The U.S. Senate Committee on Homeland Security & Governmental Affairs held a hearing in March 2023, on “Artificial Intelligence: Risks and Opportunities.”  In June 2023, President Biden met with technology professionals in California to discuss rapid developments in AI. The goal of the meetings was to have an in-depth discussion about how AI should be regulated in the future so that its economic and security potential can be fully realized.

 

Reading the tea leaves indicates that U.S. regulation is coming. Many leaders in the industry are calling for it. Those familiar with the regulatory process know it’s anything but fast, but a signal that government regulations are coming often prompts action from those who know they’ll be coming under regulation.

 

The AI Bill of Rights Blueprint is an important document, released by the White House in October 2022. It suggests ways to make AI more transparent, less discriminatory, and safer to use. There are many important aspects of this Blueprint, some of which will likely be reflected in future regulations. I highlight a few of the many important provisions of this Bill of Rights below, as they reflect the values and intent of government decisions regarding AI:

 

“You should be protected from unsafe or ineffective systems. Automated systems should be developed with consultation from diverse communities, stakeholders, and domain experts to identify concerns, risks, and potential impacts of the system. Systems should undergo pre-deployment testing, risk identification and mitigation, and ongoing monitoring that demonstrate they are safe and effective based on their intended use, mitigation of unsafe outcomes including those beyond the intended use, and adherence to domain-specific standards.”

 

“You should be protected from abusive data practices via built-in protections and you should have agency over how data about you is used. You should be protected from violations of privacy through design choices that ensure such protections are included by default, including ensuring that data collection conforms to reasonable expectations and that only data strictly necessary for the specific context is collected. Designers, developers, and deployers of automated systems should seek your permission and respect your decisions regarding collection, use, access, transfer, and deletion of your data in appropriate ways and to the greatest extent possible; where not possible, alternative privacy by design safeguards should be used. Systems should not employ user experience and design decisions that obfuscate user choice or burden users with defaults that are privacy invasive.”

 

“You should know that an automated system is being used and understand how and why it contributes to outcomes that impact you. Designers, developers, and deployers of automated systems should provide generally accessible plain language documentation including clear descriptions of the overall system functioning and the role automation plays, notice that such systems are in use, the individual or organization responsible for the system, and explanations of outcomes that are clear, timely, and accessible.”

 

 

Final Thoughts (for now)

 

There will be much more to come on Generative AI. It’s my goal to update this blog piece with new information as things will undoubtedly evolve, change, and improve.

 

Here are a few final thoughts for now:

 

 

Be a Responsible User of AI

 

• Visual outputs of Generative AI, like images, aren’t photography, or original art. If you ask a Generative AI system to “create a realistic photograph of a snowy owl against a winter scene,” and it produces that for you – that’s not photography. There will be a debate about what we should call such generated images, but for now they’re “artificial images,” “artificial art,” “imitation art,” “artificial intelligence art,” “artificial photography,” and the list could go on. Most important -- be responsible and transparent about how you label the visual outputs of Generative AI. This is my practice.

 

Photography Competitions and Art Show Promoters – Review your guidelines, criteria, and jury process

 

• If you believe AI generated images don’t meet the standard or reflect the values of your organization, competitions, or art shows, you must develop, implement, publish, and be willing to enforce those standards. State that AI generated images are not allowed. If an image is suspected to be AI generated, have a fair and appropriate process to check that. That can include having a community of experts that review images and requiring submission of RAW image files when questions come up. Educate your jurors on the possibility that AI images could be submitted in attempts to fool or “get one over” on your competition or art event.

 

• If you believe AI generated images do meet the standard or reflect the values of your organization, competitions, or art shows, have a separate category for this kind of work, but don’t include it as part of Photography or Digital Art. In general, neither Photography or Digital Art accurately describe what Generated AI images represent.

 

 

 Stay Informed and Protect Your Work

 

I’ve provided links and references to the sources I’ve used in preparing this blog. I encourage everyone to review these yourself and to keep up with developments in AI. It is here to stay and will only grow. Here’s a few of the key documents and reading:

 

• Congressional Research Service, https://crsreports.congress.gov/, Report number R47569, Generative Artificial Intelligence and Data Privacy: A Primer, May 23, 2023

 

• Congressional Research Service, https://crsreports.congress.gov/, Report number LSB10922, Generative Artificial Intelligence and Copyright Law, May 11, 2023

 

• Federal Register /Vol. 88, No. 51 /Thursday, March 16, 2023 /Rules and Regulations, U.S. Copyright Office, Library of Congress. https://www.federalregister.gov/

 

• Blueprint for an AI Bill of Rights, https://www.whitehouse.gov/ostp/ai-bill-of-rights/

 

• Stable Diffusion Litigation, https://stablediffusionlitigation.com/

 

• United States Copyright Office Events: https://www.copyright.gov/events/ 

 

• United States Copyright Office News: https://www.copyright.gov/newsnet/

 

• Tool that may stop AI from scraping your images, Glaze, https://glaze.cs.uchicago.edu  "Glaze is a system [designed by University of Chicago Researchers] to protect human artists by disrupting style mimicry. At a high level, Glaze works by understanding the AI models that are training on human art, and using machine learning algorithms, computing a set of minimal changes to artworks, such that it appears unchanged to human eyes, but appears to AI models like a dramatically different art style."

 

 

 

Other Sources, Information, and Latest News

https://www.copyright.gov/events/

https://blogs.loc.gov/copyright/2023/08/our-summer-of-artificial-intelligence-copyright-office-hosts-two-webinars-on-copyright-and-ai/?loclr=eacop

https://ipwatchdog.com/2023/06/29/u-s-copyright-office-generative-ai-event-three-key-takeaways/id=162771/

https://www.cbsnews.com/news/chatgpt-judge-fines-lawyers-who-used-ai/

https://glaze.cs.uchicago.edu/

https://www-forbes-com.cdn.ampproject.org/c/s/www.forbes.com/sites/paultassi/2023/06/21/artists-are-mad-about-marvels-secret-invasion-ai-generated-opening-credits/amp/

https://www.hsgac.senate.gov/hearings/artificial-intelligence-risks-and-opportunities/

https://www.responsible.ai/

https://www.youtube.com/watch?v=o9t3XS1XtRE

https://zapier.com/blog/ai-art-generator/

https://time.com/6266606/how-to-spot-deepfake-pope/

https://www.scientificamerican.com/article/how-my-ai-image-won-a-major-photography-competition/

https://www.thephoblographer.com/2023/02/24/ai-generated-visuals-dont-deserve-to-be-called-photos/

https://generated.photos/humans

https://www.theartnewspaper.com/2023/04/20/are-ai-photographs-actually-photographs

https://en.wikipedia.org/wiki/Generative_artificial_intelligence

https://www.lexology.com/library/detail.aspx?g=1b32633f-91ea-482c-bed9-4cf8ed9bba80

https://sports.yahoo.com/lawsuits-over-stability-ais-stable-164923270.html?guccounter=1

https://petapixel.com/2023/04/26/photo-contests-are-woefully-unprepared-for-ai/

Dr. Morgan Drabik-Hamshare

 

 

In my latest podcast (episode now archived!), I’m excited to have as my guest Dr. Morgan Drabik-Hamshare, a research wildlife biologist with the National Wildlife Research Center in Sandusky Ohio; a component of the United States Department of Agriculture (USDA). This podcast is another in my series to expand awareness of wildlife professionals, careers in wildlife protection and management, and why this work is important.

 

Morgan’s research focuses on understanding, preventing, and mitigating the negative effects of wildlife collisions with aircraft, other vehicles, and structures. Morgan is a skilled wildlife scientist, researcher, and author of many publications in USDA’s Wildlife Services collection. Her current research evaluates unoccupied aircraft systems (UAS) technology for wildlife hazard management. In short, that means she’s conducting work to identify effective ways to prevent bird strikes at airports using various drone technologies.

 

Some of you may remember the 2009 “Miracle on the Hudson”, where a USAIR pilot safely landed a plane with 150 passengers and 5 crew on board in New York’s Hudson River after the plane had a critical bird strike with Canada Geese during the plane’s initial climb out of New York LaGuardia airport. Morgan’s work contributes to how to make airports safer from these kinds of events and protect birds in the process. Morgan is also an avid birder. Her world life list is at 828 species, though we find out she’s a bit partial to vultures.

 

 

Here’s what we talked about.

 

• Tell us about yourself

 

• What excites you about being a Research Wildlife Biologist with the National Wildlife Research Center (NWRC)?

 

• In your research with NWRC, you’ve had to spend time at landfills and around landfill birds (gulls, vultures, etc…). Tell us about why these conditions are useful for the research you’re leading.

 

• Based on your recent research, it seems promising, the role of UAS’ as a tool to reduce the hazards to birds and humans at airports, as well as a tool for monitoring wildlife populations.  How is this research being used in practical applications – e.g., to enhance airport safety?

 

• You have a Master’s degree and a PhD in Zoology, and this means you know more than a thing or two about wildlife and their role in our environment. Is there something you particularly appreciate or admire about wildlife?

 

• We must switch gears and talk about birding!  Did you have any particularly exciting or unexpected bird finds this season?

 

• Knowing birds like you do, do you have any advice or tips for birders?

 

 

REFERENCES AND SOURCES

https://www.researchgate.net/profile/Morgan-Pfeiffer

https://www.aphis.usda.gov/aphis/ourfocus/wildlifedamage/programs/nwrc/sa_research/sa_scientists/ct-research-scientist-by-id?p=Pfeiffer_M

https://www.instagram.com/vulturevagabond/

https://ebird.org/profile/MTg2NDk5/world

https://twitter.com/VultureVagabond

https://www.gri.msstate.edu/spotlight/

https://www.facebook.com/projectvulture?paipv=0&eav=AfYg_IZqKVdlSrhdzVHTJSUNoKrJdNE6CPzH9FG_wPIISyDPpz707GBqLUys2iMiGF8

https://en.wikipedia.org/wiki/US_Airways_Flight_1549

https://www.nature.com/articles/s41598-021-01098-5

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5479521/

https://insideunmannedsystems.com/drone-based-bird-herding-is-taking-off/

Sunset on Lake Erie

Support artists and organizations that drive positive change for the planet and future generations.

 

You can make this Copper Range Photography print yours during the National Marine Sanctuary Foundation’s ongoing silent auction. The winning bid will be a 100% donation to support efforts that conserve and expand National Marine Sanctuaries for a healthy ocean and coasts, to safeguard species and the places they call home, and to preserve America’s maritime history. 

 

The auction - part of Capitol Hill Ocean Week – is the nation’s premier ocean and Great Lakes policy conference that convenes policymakers, scientists, managers, business leaders, conservationists, educators, and more, to engage in dialogue and debate on significant issues that impact our ocean and Great Lakes.

 

The auction is now open to the public. You don’t need to be present at Capitol Hill Ocean Week to submit a bid or win an auction item. Bidding will close on June 8. It’s easy to bid -- visit https://event.gives/chow23.  My image, Sunset on Lake Erie, is Item 0111.

 

The National Marine Sanctuary Foundation has earned a Four-Star rating with Charity Navigator, which means you give with confidence. The Foundation also has the “Platinum Seal of Transparency” from Candid, and that means it shares clear and important information with the public about its goals, strategies, capabilities, achievements, and progress indicators that highlight the difference the Foundation makes in the world. The National Marine Sanctuary Foundation is also an environmental partner with “1% for the Planet”.

 

Get your bid in!  Thank you for supporting trusted artists and organizations that drive positive change for the planet and future generations.

Earth Day, April 22, 2023, recognizes over 50 years of environmental achievements and accomplishments by millions of people worldwide. It’s a steady call to never rest in the work to protect the only planet known to sustain human life, because we now know it’s a myth that pollution and overpopulation must be the marks of a prosperous society.

 

It’s easy to be a participant in Earth Day, every day. Here’s a few ways.

 

• Bike or walk
• Carpool or take public transportation
• Choose an energy efficient vehicle
• Make fewer trips by grouping your errands
• Drive smart: go easy on the breaks and gas, use cruise control, and keep your car well-maintained
• Reuse or repurpose containers, clothing, and cloth grocery bags
• Give clothes a second life by donating or buying used
• Know what items your local recycling programs collects, and what items are recyclable
• Repair leaky faucets and replace old equipment like toilets and dishwashers when possible
• Turn off the water to brush teeth and shave
• Run full loads of laundry and dishes
• Collect rainwater to use in your garden
• Check your refrigerator, pantry, and freezer before shopping to avoid buying foods you don't need
• Plan your meals for the week before heading to the store
• Properly store fruits and vegetables so they last longer, https://www.almanac.com/how-store-vegetables-and-fruit-keep-it-fresh
• Befriend your freezer and leftovers
• Pick up litter, join a cleanup, https://www.earthday.org/actions/green-up-with-a-cleanup-volunteer-for-a-cleanup-in-your-community/
• Plant a tree
• Make a call-to-action to share on social media: Get your environmentally-conscious message out there and show your support for Earth Day by posting an educational video on your social media feed.
• Give your friends an Earth Day Challenge to try, like picking up 15 pieces of litter, or simply share a few facts about global warming or rainforest preservation to help spread awareness.
• Build (or buy) a quality birdhouse or bird feeder, https://www.wbu.com/
• Brainstorm energy-friendly ideas for your house or apartment, such as switching to LED bulbs, turning off the AC when you're not home and other simple, energy-efficient ideas.
• Go on a nature scavenger hunt -- Learn about local birds, wildlife, flora and fauna by searching for flowers, plants and trees, and observing wildlife in your region or around your neighborhood. Look for a regional list of birds, animals, and plants online to help guide your search! https://www.inaturalist.org/pages/what+is+it; https://ebird.org/home
• Start a compost bin in your backyard, https://www.bhg.com/gardening/yard/compost/how-to-compost/
• Start your own garden, or petition your local government to start a community garden.
• Cut down or eliminate plastic bottles
• Make your voice heard: https://www.earthday.org/action/
• Donate to any number of reputable environmental or ecological steward organizations, https://www.networkforgood.org/topics/animal_environ/earthday/; https://www.overshootday.org/; https://www.earthovershoot.org/
• Adopt a plant-focused diet, https://www.pcrm.org/good-nutrition/plant-based-diets  
• Stop pesticide and herbicide use

 

FOR BUSINESSES

• Reduce paper usage by printing on both sides, using digital files, or implementing paper-free days.
• Provide opportunities to teleconference rather than travel when possible.
• Repair and update old equipment before replacing it. When it must go, research donation or eco-friendly disposal options.
• Turn electronics off when not in use, enable auto-sleep options to save energy.
• Host your own event, like tree-planting, a cleanup or Teach-In.
• Sponsor a local student group to conduct an environmental project.
• Adopt a river, roadway or vulnerable species.
• Promote environmental awareness on company social media.
• Challenge other business in your community to go green.
• Switch to post-consumer waste paper products, LED light bulbs, and rechargeable batteries.
• Hire a green cleaning company or purchase eco-friendly cleaning products.
• Create a company garden or green roof.
• Plant native species to support pollinators and reduce run-off.
• Implement compost collection and host a workshop on reducing food waste.
• Conduct an energy audit to identify efficiency improvements.
• Replace equipment with energy efficient options.
• Switch to a renewable utility provider.
• Switch to renewable auto-fleet.

 

Key Sources:

https://www.earthday.org/earth-day-2023/

https://www.epa.gov/earthday

Spring tends to be a busy time for me. Not only am I out with my camera witnessing as much magnificence of the changing seasons as I can, Spring is also when my Art Show schedule has me traveling to new and familiar places where my work is exhibited. This Spring I'm very excited to be among many talented artists and exhibitors at the One of a Kind Spring Show, held in The MART, Chicago, April 28-30.  The show featured me in a recent blog about artists they call "Natural Creators".  Read it here, Natural Creators.

 

If your Spring travels have you out in the Chicago area, stop by the show. It will be a great one!

 

Here's just a few of the images I'll have for sale.

 

Speechless Floored Impossible Pink Deep Small and Mighty Pageantry Fair One

 

 

 

 

 

I spend a lot of time around birds, feeding them, researching them, traveling to see them, photographing them, writing and talking about them, and - when needed – getting injured or orphaned birds the help they need. I do this because I love doing it. I also do it because birds are a gateway to inspiring awareness, conservation, and protection of the habitats they need to survive. Conserving and protecting habitats that birds need also helps our species survive and thrive. Though birds can’t save us from ourselves, they can help.

 

When I’m out with my camera and binoculars, I regularly get powerful reminders of the conservation and protection work that so many have done and continue today. Whether it’s seeing waterfowl in a desert wetland or multiple pairs of successfully breeding bald eagles living along the shoreline of one of America’s -- former -- most polluted Great Lakes (Lake Erie).  

 

So many people naturally love or are intrigued by birds. Something I saw recently was another powerful reminder of how birds are truly a gateway to conservation. Across social media, I follow other photographers -- professionals, amateurs, and hobbyists alike. I also follow wildlife groups and bird groups. A photographer member of a Facebook group dedicated to photography from Bombay Hook National Wildlife Refuge in Delaware recently posted a photograph he took of a banded Greater Snow Goose. Bird banding is a conservation tool that allows those with the proper permits to uniquely mark birds with specially issued bands. That way scientists and other interested parties can track individual birds over time learning about their movements, locations, and longevity.

 

This photographer did what everyone should do if they have a photo of a banded bird -- he reported it to the federal government’s bird banding laboratory. He got back a certificate with the details on when and where the Goose was banded, which is normally what happens when a band with sufficient and accurate information is reported. When I looked further into the information on his certificate, I learned that the Snow Goose was a female and she traveled over 2,300 hundred miles to Bombay Hook from the location she was banded. The Goose was banded in a high Artic Region of Canada and, likely, migrated along the Atlantic Flyway with a large flock of her fellow Snow Geese.  She may have made that trip a few times, because she was banded in 2019 as a young goose.

 

Besides being a jaw-dropping adventure completed by a 6-ish pound Greater Snow Goose, what’s the link to conservation?  Migrating birds like geese can travel very far distances in a single day. For example, Canada Geese can fly 1,500 miles in one day. However, all that flying requires a layover to rest and feed. Layover spots are often called a “stopover” in the bird world.  Stopovers along bird migration routes must be able to provide safe, protective, and healthy habitat for, sometimes, huge flocks of traveling birds. Birds like migrating Snow Geese, and others traveling along the Atlantic Flyway, have several choice habitats set aside and conserved for just these kinds of purposes. Some of these include Cape Cod National Seashore, Bombay Hook National Wildlife Refuge, Prime Hook National Wildlife Refuge, Blackwater National Wildlife Refuge, Assateague Island National Seashore, Chincoteague National Wildlife Refuge, Cape Hatteras National Seashore, and others in the northern and southern Atlantic Flyway region. These places are vital for migratory bird survival and health – most birds simply would not survive their epic migrations without them. These undeveloped, protected and natural places also contribute to healthier habitats for us. Though birds can’t save us from ourselves, they can help.

 

If you spot a banded bird, whether dead or alive, from a safe and respectful distance, get the clearest photo you can of the numbers imprinted on the band and report it.  Read my other blogs about the banded bird I found and participating in a bird banding workshop.

 

 

Sources and More Information:

https://www.usgs.gov/labs/bird-banding-laboratory/science/report-a-band

https://www.fws.gov/project/bird-banding-conservation-tool-within-migratory-bird-program-ducks-geese-doves-and-more

https://en.wikipedia.org/wiki/Snow_goose

https://en.wikipedia.org/wiki/Atlantic_Flyway

https://www.allaboutbirds.org/guide/Snow_Goose/maps-range

https://www.audubon.org/field-guide/bird/snow-goose

https://www.nwf.org/Educational-Resources/Wildlife-Guide/Understanding-Conservation

https://www.copperrangellc.com/blog/2018/2/update-on-bird-heroes

https://www.copperrangellc.com/blog/2019/9/on-the-road-to-conservation