By , May 05, 2023.

Sheeran Wins Copyright Trial On Independent Creation — Copyright attorney Aaron Moss on the big copyright news of the week. Not a whole lot to analyze though, given that the outcome is a jury verdict. We’ll see if there are any post-judgment motions or an appeal.

The Latest on the EU’s Proposed Artificial Intelligence Act — Last week, the European Parliament agreed to an amended version of a comprehensive framework for regulating AI in the EU. Among other things, the proposal would create transparency obligations “when the AI system is trained with data protected under copyright laws.”

Spinrilla agrees to pay the majors $50 million to end copyright case — The judgment comes after a 2020 ruling finding Spinrilla directly liable for infringing the copyright of over 4,000 sound recordings and not eligible for the DMCA safe harbor.

U.S. Hits Z-Library With New Domain Name Seizures — Torrentfreak’s Ernesto Van der Sar reports, “The U.S. Government’s crackdown against Z-Library continues. After a few months of relative silence from law enforcement agencies, a new round of domain name seizures has begun. These efforts have taken out the shadow library’s main login panel but the site is not planning to throw in the towel.”

Literary Copyright Cases Writers and Publishers Should Know — The Copyright Alliance provides a useful survey of cases touching upon important doctrines for literary works.

By , April 28, 2023.

Empowering Women in IP: Reflections on #WorldIPDay — MPA GC and former US Register of Copyrights Karyn Temple observes both the progress women have made and the obstacles they face within the intellectual property system.

For You and Me or Private Property?: Evaluating the Copyright Claim in Woody Guthrie’s “This Land Is Your Land” — “As of this writing, the most recent litigation occurred in 2016 when the law firm of Wolf Haldenstein Adler Freeman & Herz filed a complaint on behalf of the band Satorii against The Richmond Organization (TRO), current publishers of ‘This Land’ and other Guthrie works. In 2015, the same firm successfully litigated a high profile case against Warner/Chappell Music, Inc. that established ‘Happy Birthday’ in the public domain. Buoyed by this success, the firm hoped to similarly invalidate the copyright claim in both ‘This Land’ and the civil rights anthem ‘We Shall Overcome.’ While the cases involving ‘Happy Birthday’ and ‘We Shall Overcome’ were relatively clear-cut, the facts of the copyright claim in ‘This Land’ are more complicated and warrant an in-depth look.”

World Book & Copyright Day: the origin — “The celebration goes back to ‘La Diada de Sant Jordi’, or the Festival of St George, which is Catalunya’s version of Valentine’s Day, when people give each other red roses—but also books. This one-day festival, held every year on the 23rd of April, is inspired by the legend of Saint George, who has been the patron Saint of Catalunya since 1456.”

An AI Scraping Tool Is Overwhelming Websites With Traffic — “The people at the head of the new crop of AI companies believe that their technology could replace 80 percent of  jobs in the U.S. and pose ‘massive risks’ to society. We should be skeptical of these claims, but it’s also worth noting that the people building tools they consider to be so disruptive are doing so without ever asking the internet users whose efforts are powering AI if they wish to fuel that technology.”

AI Imagery May Destroy History As We Know It — “Eventually, these programs will be training on new imagery as it is made available in real time. At that moment, A.I. will reference previously created A.I. images and incorporate them into its new output. This cannibalistic-type training will result in the further dilution of the truth. At some point in the future, it is conceivable that there could be more fake images on the internet than real photographs.”

By , April 21, 2023.

Inside the secret list of websites that make AI like ChatGPT sound smart — The Washington Post’s Kevin Schaul, Szu Yu Chen and Nitasha Tiku take a close and visual look at the sources of works used to train many high profile English-language large language models. Worth noting: “Also high on the list: b-ok.org No. 190, a notorious market for pirated e-books that has since been seized by the U.S. Justice Department. At least 27 other sites identified by the U.S. government as markets for piracy and counterfeits were present in the data set.” The article also includes a search function to see what individual websites were included in the dataset, so I had to check…

Search prompt for the websites in Google's C4 dataset with copyhype.com as input. Search results show 1 domain begins with "copyhype.com", with a rank of 48,596, 360k tokens, and 0.0002% of all tokens. Originally from https://www.washingtonpost.com/technology/interactive/2023/ai-chatbot-learning/?tid=ss_tw.

What the Online Piracy Data Tells Us About Copyright Policymaking — Researcher Michael D. Smith summarizes the peer-reviewed empirical literature on piracy in this article, which he says supports three broad conclusions: “digital piracy harms creators by reducing their ability to make money from their creative efforts”, “digital piracy harms society by reducing the economic incentives for investment in creative output,” and “legislative interventions implemented worldwide have been effective in reversing these harms.”

Update: 4 Copyright Claims Board Cases to Watch — PlagiarismToday’s Jonathan Bailey reviews four of the over 400 claims that have been filed at the newly created US copyright small claims tribunal, which is still under a year old. These cases present interesting or notable facts and parties.

At London Book Fair Tuesday: Copyright Under Attack — “Too many times, the best-intended publishing stalwarts—you may know some, yourself—have consoled themselves and others that no one in nearby industries (education, entertainment, communications) could possibly be willing to do anything that might undermine the essential value of copyright protection. What’s more, it’s easy to think that one market’s struggles with a rewritten piece of legislation or a foray into popular misconceptions about copyright will stay in that market.”

The US Supreme Court’s Warhol case; what is the fuss about? — Bill Patry on the anticipated decision: “In an era when partisan hyperbole passes for ordinary discussion, one must get used to headlines like ‘The Supreme Court may force us to rethink 500 years of art’. Given that the first American copyright law is from 1790 and did not even begin to take shape with respect to fair use until a judicial opinion in 1841, this seems a few centuries off even in hyperbole.”

By , April 14, 2023.

Universal Music Asks Streaming Services to Block AI Companies From Accessing Its Songs — “Universal Music Group (UMG) is asking streaming services like Spotify and Apple Music to stop artificial intelligence companies from accessing the label’s copyrighted songs to “train” their machines, in what amounts to the latest music industry backlash to such technology.”

Copyright Claims Board Dismisses ‘Piracy’ Case Against Cloudflare — Torrentfreak reports, “This isn’t the decision AnyStories was looking for but the CCB is actually quite helpful and points out, again, how the company can lodge a proper contributory infringement claim against Cloudflare. If the company wants to refile its claim, it should at least show that Cloudflare knew about the infringing activity and induced or caused it (contributory infringement). Alternatively, it can show that Cloudflare had the ability to control the infringing activity and financially benefited from it (vicarious infringement).”

Nollywood could see a major boost from Nigeria’s new copyright law – an expert explains why — “Nigeria’s new copyright law recognises and protects creative works that are based on current digital productive technologies. It covers films, music, performances, literary works and performances enabled by the internet and wireless devices through streaming techniques, uploads, hyperlinks and air-drops.”

[Guest post] SIAE vs Meta: no more Italian music available on Facebook and Instagram? — “Overall, it appears that the ongoing situation in Italy could serve as a pilot to highlight the balance of reciprocal interests in the licensing negotiation between rightsholders, online content-sharing service providers (OCSSPs) and users. It could test the applicability of Art. 17 and the following clauses in Chapter III of the CDSM Directive in a national contest.”

By , April 07, 2023.

Current AI Copyright Cases Part 1 and Part 2 — The Copyright Alliance reviews the (mostly) US lawsuits where copyright issues relating to artificial intelligence are at stake. Part 1 covers unauthorized use of copyrighted works as training data, while Part 2 surveys cases and disputes involving AI copyright authorship.

Newman Dissents from CAFC View that SAS Failed to Show Copyrightability of Nonliteral Elements of Software Programs — “The U.S. Court of Appeals for the Federal Circuit (CAFC) on Thursday issued a precedential decision holding that SAS Institute, Inc. failed to establish copyrightability of its asserted software program elements. Judge Newman dissented, arguing the ruling ‘contravenes the Copyright Act and departs from the long-established precedent and practice of copyrightability of computer programs’ and that it represents a ‘far-reaching change.'”

Should Stars Register Their AI Likeness? The Tom Cruise Deepfake Startup Wants Them To — “But even if protection is granted, Hengl says it’s unlikely Graham can use his copyright to take down AI-created photos and videos himself. ‘In terms of being able to use copyright as a way to enforce rights with respect to a likeness or to enforce privacy rights, it’s really trying to fit a square peg into a round hole,’ she suggests. ‘You can only enforce protection against works that are substantially similar. There needs to be more than that person’s image — their attire, expression on their face, the pose their body is in, the background they’re in — that’s similar.'”

Nigeria amends its Copyright Act to ratify outstanding copyright treaties and address other issues — Writing at IPKat, Chijioke Okorie reviews some of the highlights of Nigeria’s Copyright Act 2022, which was signed into law on March 17.

Reflections from the Association of American Publishers on Hachette Book Group v. Internet Archive: An Affirmation of Publishing — AAP’s Maria Pallante writes, “Everyone who values our global, creative economy should read the Court’s opinion in Hachette. The holdings are a forceful validation of well-established law and an unequivocal rejection of the defendant’s upside-down assertions that its activities support ‘research, scholarship, and cultural participation by making books more widely available on the Internet.’ That description is meant to sound lofty, but it ignores the economic incentives and protections that make creative professions possible in the first place.”

By , March 31, 2023.

Copyright: US Court Rules Against Internet Archive — Everything you need to know about last Friday’s blockbuster decision in Hachette Book Group v. Internet Archive. Writes Porter Anderson of Publishing Perspectives, “Friday evening’s adamant ruling against the Internet Archive for its ‘Open Library’ lending is a major win for authors as well as publishers, and for workers in associated creative industries who have watched the case closely for the better part of three years.”

Rise of the machines: AI and Copyright — Commentary on copyright issues raised by machine learning models, with a focus on how Indian law may address them.

Fuller v. Bemis and the Failed Prehistory of Choreographic Copyright — Zvi Rosen provides his trademark rigorous and detailed exploration of copyright history with a look at a pioneer of interpretive dance whose litigation is not only recognized as one of the earliest claims involving the copyrightability of choreography, but is, as Zvi discusses, one of the first copyright lawsuits based on a rejected claim for copyright registration.

Celebrating Women Through Their Copyright Story: Dolly Parton and Whitney Houston — From the US Copyright Office, the story of the separate copyrights in musical compositions and sound recordings, and a look at one of the biggest star pairings of the two, which resulted in the hit track, “I Will Always Love You.”

ChatGPT faces deepening scrutiny over ‘secrecy’ behind groundbreaking AI chatbot — “… OpenAI and other companies face a growing number of lawsuits lodged in America and Britain alleging the infringement of copyright over vast amounts of publicly-available ‘open-source’ data. Separately, leading British experts have raised concerns that the world is being asked to ‘blindly trust’ OpenAI after it refused to reveal details of the dataset used to ‘train’ ChatGPT-4.”

By , March 24, 2023.

Internet Archive faces skeptical judge in publishers’ copyright lawsuit — “But it ‘elides the issue to say that this case is about the ability of a library to lend a book that it owns,’ Koeltl said. ‘Does the library have the right to lend a book that it owns? Of course! That’s not the issue in the case.’ Koeltl said earlier landmark decisions on fair use imply that copying and distributing entire books to the public would not be protected by the doctrine. ‘You avoid the question of whether the library has the right to reproduce the book that it otherwise has the right to possess, which is really at the heart of the case,’ Koeltl told Gratz. ‘The publisher has a copyright right to control reproduction.'”

When Copyright Law Limits Your Testamentary Freedom: Statutory Heirs Hate This One Trick . . . — “[N]o matter how or when you terminate, one thing is clear: under the Copyright Act, an author’s statutory heirs (heirs defined by statute — namely spouse, child, or grandchild) inherit the termination right — whether the author wanted them to or not. That’s right. You can meticulously draft an estate plan and even disinherit your family, but that will not circumvent their inalienable right to terminate a copyright grant made inter vivos (meaning, during one’s lifetime).”

Copyrights Are Murky for Laws Referring to Outside Safety Codes — “NFPA, along with the American Society for Testing and Materials and the American Society for Heating, Refrigerating, and Air-Conditioning Engineers, filed suit against Public Resource in D.C. federal court in 2013 over more than 250 different regulatory standards they’d developed that were incorporated into law.” The case is now back in front of the DC Circuit Court of Appeals for the second time.

Can you copyright a rhythm? Inside the reggaeton lawsuit that could shake the pop world — “With the release of their song Fish Market in 1989, the Jamaican duo Cleveland “Clevie” Browne and Wycliffe ‘Steely’ Johnson inadvertently changed the course of pop music. The track featured the first known example of what would come to be known as a ‘dembow’ rhythm – the percussive, slightly syncopated four-to-the-floor beat that travelled from reggae to become the signature beat of reggaeton, today the world-conquering sound of Latin American pop.”

Adobe built its Firefly AI art generator to avoid bias and copyright issues — “Copyright is a particularly thorny issue for generative AIs. StabilityAI, the makers of Stable Diffusion, is currently being sued by a collection of artists and the stock image service Getty Photos for using their photos to train Stable Diffusion without licensing them. The example images where Stable Diffusion creates a blurry Getty-like logo are particularly damning. Adobe has sidestepped these kinds of copyright problems by training Firefly on hundreds of millions of Adobe Stock images, as well as openly licensed and public domain content. It protects creators from any potential copyright problems, especially if they intend to use generated content for commercial purposes.”

By , March 17, 2023.

The 11th Circuit Joins the Split by Refusing to Limit Copyright Damages — “Enter the Eleventh Circuit. After confirming its discovery rule governs and assuming the timeliness of the plaintiff’s claims, the Eleventh Circuit took the side of the Ninth Circuit by holding a copyright plaintiff may recover retrospective relief for infringement occurring more than three years before filing suit so long as the claim is timely under the discovery rule.”

To protect human artistry from AI, new safeguards might be essential — T Bone Burnett and Jonathan Taplin write, “Surely, the world has enough formulaic artistic content already. What’s needed: keeping the spigot of original ideas and new thoughts open — to build a culture that goes beyond what is already found on the internet and can be enriched by artists who might grow in ways no AI could predict.”

Why a State-Based Overhaul of US Copyright Law is a Bad Idea — Zvi Rosen writes, “In direct violation of the Constitution, legislators in nearly a dozen states are attempting to subvert the uniform nature of federal copyright law with a state-enforced approach to copyright protections governing distribution of digital library books. These patchwork interventions, however, would harm both the copyright holders and the public by stifling e-book accessibility in the long run.”

Operation 404: 11 Arrests, Hundreds of Pirate Sites, Apps & Domains Blocked — Torrentfreak’s Andy Maxwell reports, “Brazilian authorities are reporting a new wave of action as part of anti-piracy initiative ‘Operation 404’. With support from the UK’s Police Intellectual Property Crime Unit, MPA Latin America, and the Entertainment Software Association, 200 illegal streaming and gaming sites, 128 domains and 63 music apps are reported blocked. Raids on locations across Brazil led to 11 arrests.”

U.S. Copyright Office says some AI-assisted works may be copyrighted — “Building on a decision it issued last month rejecting copyrights for images created by the generative AI system Midjourney, the office said copyright protection depends on whether AI’s contributions are ‘the result of mechanical reproduction,’ such as in response to text prompts, or if they reflect the author’s ‘own mental conception.'”

By , March 10, 2023.

Books are Not Floor Wax and Road Salt — “Although the Connecticut bill does not require publishers to license to libraries in the state, it contains several provisions defining various publishers’ licensing models as ‘unfair trade practice,’ which is tantamount to a state compulsory license, which means H.B. 6829 is preempted by the Copyright Act. So, it has something to do with copyright law.”

The Training Wheels are Off: The Copyright Implications of Training Generative AI — “AI’s myriad of applications all depend on the strength and quality of the algorithm, which relies on training data. Several recent, high-profile lawsuits raise the issue of whether such training algorithms violate copyright law’s restrictions on creating derivative works without the creators’ consent.”

Some Thoughts on Five Pending AI Litigations — Avoiding Squirrels and Other AI Distractions — A deeper dive into current lawsuits involving AI and copyright and how each may shed light on a different aspect of copyright law.

You Are Not a Parrot. And a chatbot is not a human. And a linguist named Emily M. Bender is very worried what will happen when we forget this. — Generative AI models raise challenging questions regarding copyright law. But along with grasping those issues, it’s helpful—maybe necessary—to contemplate deeper questions involved. New York features writer Elizabeth Weil does just that in this piece profiling computational linguist Bender.

Leader of Illegal Copyright Infringement Scheme Sentenced to 5 ½ Years’ Imprisonment — From the DOJ: “As the Indictment set forth, from about March 2016 until at least November 2019, Carrasquillo along with his co-defendants operated a large-scale internet protocol television (IPTV) piracy scheme in which they fraudulently obtained cable television accounts and then resold copyrighted content to thousands of their own subscribers, who could then stream or playback content. . . During the period of their scheme, the defendants earned more than $30 million.”

By , March 03, 2023.

The Copyright Claims Board Decides its First Case — Less than a year after the copyright small claims tribunal was created from scratch, it has issued its first final determination. Jonathan Bailey takes a detailed look at the decision at PlagiarismToday, calling it “an excellent illustration of what the CCB is meant to be used for and the likely direction it will head in future judgments.”

A Tale of Black Resistance through Collage Artwork — “Every year, the Copyright Office takes this opportunity to recognize the impact of Black artists and their creations as well as the significant role that the copyright system plays in protecting them. As part of this year’s celebration, Office staff sat down with Dakarai Akil, a dynamic, Los Angeles-based collage artist, for a conversation about collage art, creative process, identity, and Black resistance. Akil has engaged with the copyright system, and over the span of his career, he self-published three art books and had his work published in The New York TimesWired Magazine, and Readers Digest.”

Generative Artificial Intelligence and Copyright Law [PDF] — The Congressional Research Service, an excellent resource not just for the legislative branch but the general public as well, recently published this brief but insightful overview of the key copyright issues raised by generative AI.

Circuit Split on Larger Copyright Damages Invites Forum Shopping — “The Second Circuit ruled in 2020 that the Copyright Act’s statute of limitations prevents plaintiffs from seeking damages for infringement that occurred more than three years before the lawsuit was filed. But the Ninth Circuit found in 2022 that the limitation doesn’t bar a plaintiff from seeking damages from infringement before that time frame. The Eleventh Circuit is now the only other appeals court to address the issue—siding with the Ninth Circuit.”

‘Photoguard’ Stops Your Pictures Being Manipulated by AI — “A team of researchers led by computer professor Aleksander Madry at Massachusetts Institute of Technology (MIT) has developed a program called ‘Photoguard’ which denies AI the ability to manipulate an individual’s photos convincingly. In a paper published last month, the research team showed how Photoguard can ‘immunize’ photos against AI edits. The program uses data poisoning techniques to disturb pixels within a photo to create invisible noise in an image. This essentially renders AI art generators incapable of generating realistic deepfakes based on the photos that it system has been fed and trained on.”