Showing posts with label artists. Show all posts
Showing posts with label artists. Show all posts

Thursday, March 28, 2024

Meet Sarah Beth Morgan: An Animation Artist Drawn to Purpose; Library of Congress Blogs, March 28, 2024

Ashley Tucker , Library of Congress Blogs; Meet Sarah Beth Morgan: An Animation Artist Drawn to Purpose

"Morgan works in the animation field of “motion graphics,” where she brings graphic shapes, typography, and characters to life. She defines her creative style as “playful, quirky, and maybe even a little bit unexpected.” Her most recent animation, Between Lines, is a short film about “the scarring experience of schoolgirl bullying—and the recovery that follows.” The film has received several accolades, including the Audience Award for Animation at the Brooklyn Film Festival as well as Official Selection at Pictoplasma Berlin and the SCAD Savannah Film Festival...

Animation is an example of a motion picture, which is a type of work that can be registered with the U.S. Copyright Office. Motion Pictures are works that contain a series of related images that are intended to be shown with a projector, digital display, or other device. When the images are shown in successive order, they create an impression of movement that is perceptible to the eye. The Copyright Office offers resources on registering a motion picture and provides ways to help grow a creative business in Copyright Registration at a Glance.

Women creators are an essential part of the copyright system, and participating in it allows women artists to benefit economically from their creative works. In 2022, the Copyright Office released a report, Women in the Copyright System: An Analysis of Women Authors in Copyright Registrations from 1978 to 2020. It found that women creators are significantly underrepresented in registrations, especially compared to their participation in copyright-intensive industries, despite an overall positive trend over time...

Sarah Beth Morgan is one of many women who enhance our nation’s creative landscape. The Copyright Office aims to broaden public awareness of what copyright encompasses and how to participate in it. A cornerstone of the Office’s current strategic plan is the advancement of Copyright for All, and the Office is committed to making the copyright system as clear and accessible to as many members of the public as possible, particularly individuals, small businesses, and historically underserved populations."

Saturday, March 23, 2024

Tennessee becomes the first state to protect musicians and other artists against AI; NPR, March 22, 2024

  Rebecca Rosman, NPR; Tennessee becomes the first state to protect musicians and other artists against AI

"Tennessee made history on Thursday, becoming the first U.S. state to sign off on legislation to protect musicians from unauthorized artificial intelligence impersonation.

"Tennessee (sic) is the music capital of the world, & we're leading the nation with historic protections for TN artists & songwriters against emerging AI technology," Gov. Bill Lee announced on social media.

The Ensuring Likeness Voice and Image Security Act, or ELVIS Act, is an updated version of the state's old right of publicity law. While the old law protected an artist's name, photograph or likeness, the new legislation includes AI-specific protections."

Thursday, January 11, 2024

Stephen Thaler’s Quest to Get His ‘Autonomous’ AI Legally Recognized Could Upend Copyright Law Forever; Art News, January 8, 2024

 Shanti Escalante-De Mattei, Art News; Stephen Thaler’s Quest to Get His  ‘Autonomous’ AI Legally Recognized Could Upend Copyright Law Forever

"Abbott and Thaler’s push for copyright brings up a very basic question for artists today: how do we locate agency and creativity when we make things with machines? When is it our doing, and when is it “theirs”? This question follows the arc of history as humans design increasingly complex tools that work independently of us, even if we designed them and set them into motion. Debates have raged in public forums and in lawsuits regarding to what extent a model like Midjourney can produce genuinely novel images or whether it is just randomly stitching together disparate pixels based on its training data to generate synthetic quasi-originality. But for those who work in machine learning, this process isn’t all that different from how humans work."

Wednesday, December 20, 2023

AI’s Billion-Dollar Copyright Battle Starts With a Font Designer; Bloomberg Law, December 18, 2023

 Isaiah Poritz, Bloomberg Law; AI’s Billion-Dollar Copyright Battle Starts With a Font Designer

"The makers of Copilot, which include OpenAI Inc., Microsoft Corp., GitHub Inc., and other top AI companies, are now facing nearly a dozen lawsuits from authors, artists, and programmers. They claim the industry has vacuumed up their creative work—without consent or compensation—to train AI chatbots and image generators that are already beginning to replace them.

At the core of these novel cases sits Butterick, a typographer and lawyer hailed by some for leading the fight to holding AI accountable, and slammed by others as a Luddite and an obstacle to transformative technological advances."

Tuesday, November 21, 2023

Patent Poetry: Judge Throws Out Most of Artists’ AI Copyright Infringement Claims; JD Supra, November 20, 2023

  Adam PhilippAEON LawJD Supra; Patent Poetry: Judge Throws Out Most of Artists’ AI Copyright Infringement Claims

"One of the plaintiffs’ theories of infringement was that the output images based on the Training Images are all infringing derivative works.

The court noted that to support that claim the output images would need to be substantially similar to the protected works. However, noted the court,

none of the Stable Diffusion output images provided in response to a particular Text Prompt is likely to be a close match for any specific image in the training data.

The plaintiffs argued that there was no need to show substantial similarity when there was direct proof of copying. The judge was skeptical of that argument.

This is just one of many AI-related cases making its way through the courts, and this is just a ruling on a motion rather than an appellate court decision. Nevertheless, this line of analysis will likely be cited in other cases now pending.

Also, this case shows the importance of artists registering their works with the Copyright Office before seeking to sue for infringement."

Sunday, November 5, 2023

Artists may “poison” AI models before Copyright Office can issue guidance; Ars Technica, November 3, 2023

 , Ars Technica ; Artists may “poison” AI models before Copyright Office can issue guidance

"Rather than rely on opting out of future AI training data sets—or, as OpenAI recommends, blocking AI makers' web crawlers from accessing and scraping their sites in the future—artists are figuring out how to manipulate their images to block AI models from correctly interpreting their content."

Friday, November 3, 2023

The Copyright Battle Over Artificial Intelligence; Hard Fork, The New York Times, November 3, 2023

Kevin Roose and Hard Fork, The New York Times; The Copyright Battle Over Artificial Intelligence

"President Biden’s new executive order on artificial intelligence has a little bit of everything for everyone concerned about A.I. Casey takes us inside the White House as the order was signed.

Then, Rebecca Tushnet, a copyright law expert, walks us through the latest developments in a lawsuit against the creators of A.I.-image generation tools. She explains why artists may have trouble making the case that these tools infringe on their copyrights."

Tuesday, October 31, 2023

Judge pares down artists' AI copyright lawsuit against Midjourney, Stability AI; Reuters, October 30, 2023

 , Reuters; Judge pares down artists' AI copyright lawsuit against Midjourney, Stability AI

"A judge in California federal court on Monday trimmed a lawsuit by visual artists who accuse Stability AI, Midjourney and DeviantArt of misusing their copyrighted work in connection with the companies' generative artificial intelligence systems.

U.S. District Judge William Orrick dismissed some claims from the proposed class action brought by Sarah Andersen, Kelly McKernan and Karla Ortiz, including all of the allegations against Midjourney and DeviantArt. The judge said the artists could file an amended complaint against the two companies, whose systems utilize Stability's Stable Diffusion text-to-image technology." 

Monday, October 23, 2023

Artists, copyright law, and the battle over artificial intelligence; 1A, October 23, 2023

Lauren Hamilton, 1A ; Artists, copyright law, and the battle over artificial intelligence

"Tech companies have spent billions of dollars this year alone investing in the future of generative artificial intelligence.  

Generative AI apps like ChatGPT, Stable  Diffusion and Bard, deliver brand new text, images and code results – of comparable quality to human outputs – from user prompts. 

But have you ever wondered how an AI bot knows how to process a user’s request? 

It gets trained, using millions of data points – like books, poems, photos, illustrations and song lyrics – from all over the internet, including copyrighted material. 

In recent months, several authors have sued companies like Meta and OpenAI, alleging that the companies used their copyrighted works to train their generative AI models, all without permission or compensation.

It’s an issue of concern for many who work creative jobs; from authors, to musicians, voice actors and graphic designers.

What’s to come of the legal battles between creatives and AI companies? What role does copyright law play in shaping the future of artificial intelligence?"

Thursday, August 24, 2023

Scraping or Stealing? A Legal Reckoning Over AI Looms; Hollywood Reporter, August 22, 2023

Winston Cho, The Hollywood Reporter ; Scraping or Stealing? A Legal Reckoning Over AI Looms

"Engineers build AI art generators by feeding AI systems, known as large language models, voluminous databases of images downloaded from the internet without licenses. The artists’ suit revolves around the argument that the practice of feeding these systems copyrighted works constitutes intellectual property theft. A finding of infringement in the case may upend how most AI systems are built in the absence of regulation placing guardrails around the industry. If the AI firms are found to have infringed on any copyrights, they may be forced to destroy datasets that have been trained on copyrighted works. They also face stiff penalties of up to $150,000 for each infringement.

AI companies maintain that their conduct is protected by fair use, which allows for the utilization of copyrighted works without permission as long as that use is transformative. The doctrine permits unlicensed use of copyrighted works under limited circumstances. The factors that determine whether a work qualifies include the purpose of the use, the degree of similarity, and the impact of the derivative work on the market for the original. Central to the artists’ case is winning the argument that the AI systems don’t create works of “transformative use,” defined as when the purpose of the copyrighted work is altered to create something with a new meaning or message."

Tuesday, August 22, 2023

As Fight Over A.I. Artwork Unfolds, Judge Rejects Copyright Claim; The New York Times, August 21, 2023

 , The New York Times; As Fight Over A.I. Artwork Unfolds, Judge Rejects Copyright Claim

"“Plaintiff can point to no case in which a court has recognized copyright in a work originating with a nonhuman,” Judge Beryl A. Howell of the U.S. District Court for the District of Columbia wrote in her decision on Friday, adding that “we are approaching new frontiers in copyright as artists put A.I. in their toolbox.”

Similar rules about “human authorship” have been used in deciding who owned a monkey’s selfie."

Tuesday, August 1, 2023

New AI systems collide with copyright law; BBC News, July 31, 2023

 Suzanne Bearne, BBC NewsNew AI systems collide with copyright law

""I remember thinking, if this can happen on a small scale, it can happen on a giant scale," says the artist from Zandvoort in the Netherlands.

Aggrieved by the lack of protection for artists, she grouped together with five other artists to set up the European Guild of Artificial Intelligence Regulation.

"The aim is to create legislation and regulation to protect copyright holders and artists from predatory AI companies," she says."

Wednesday, July 19, 2023

US judge finds flaws in artists' lawsuit against AI companies; Reuters, July 19, 2023

 , Reuters; US judge finds flaws in artists' lawsuit against AI companies

"U.S. District Judge William Orrick said during a hearing in San Francisco on Wednesday that he was inclined to dismiss most of a lawsuit brought by a group of artists against generative artificial intelligence companies, though he would allow them to file a new complaint.

Orrick said that the artists should more clearly state and differentiate their claims against Stability AI, Midjourney and DeviantArt, and that they should be able to "provide more facts" about the alleged copyright infringement because they have access to Stability's relevant source code."

Friday, June 16, 2023

Commentary: Warhol decision’s implications for creators, artists; Minnesota Lawyer, June 16, 2023

 Jack Amaral and Jon Farnsworth, Spencer Fane LLP, Minnesota Lawyer; Commentary: Warhol decision’s implications for creators, artists

"Impact on artists and copyright holders

This decision is a victory for copyright holders. Although copyright infringement and analysis of the Fair Use Doctrine is a case-by-case factual analysis where a judge determines whether fair use is a valid defense based on the four factors above, this decision sends a clear message that commercial uses of copyrighted works might be less likely to be considered fair use. This decision could have a significant impact on photographers, artists, and other creators such as software engineers.

Creators who build off copyrighted works should be aware of this decision and know the potential consequences of building off of other’s work. This decision will likely make it more difficult to show a work is “transformative” while leaving an artist open to liability...

Takeaways for creators and businesses:

  • If you have current works that are protected under copyright law, keep your eyes peeled for potentially infringing works. Speak with an experienced intellectual property attorney to see if you may have a valid infringement claim.
  • If you build off of other creator’s work to create your own, speak to an intellectual property attorney who will walk you through the four factors of the Fair Use Doctrine and help determine if your work could be considered infringement and open you up to potential liability."

Thursday, June 15, 2023

Twitter sued for $250 million by music publishers over ‘massive’ copyright infringement; The Verge, June 14, 2023

Richard Lawler,, The Verge ; Twitter sued for $250 million by music publishers over ‘massive’ copyright infringement

"The National Music Publishers' Association (NMPA) is suing Twitter on behalf of 17 music publishers representing the biggest artists in the business. The lawsuit, filed in federal court in Tennessee, claims the company "fuels its business with countless infringing copies of musical compositions, violating Publishers' and others' exclusive rights under copyright law." 

It also has a list of 1,700 or so songs (included below) that the publishers say have been included in multiple copyright notices to Twitter without the company doing anything about it, asking the court to fine Twitter up to $150,000 for each violation."

Tuesday, June 13, 2023

Art Basel banana artist prevails in copyright lawsuit; Axios, June 13, 2023

 Deirdra Funcheon, Axios; Art Basel banana artist prevails in copyright lawsuit

    "The Art Basel banana did not rip off a similar work, a federal judge in Miami ruled last Friday.

What's happening: Italian artist Maurizio Cattelan famously taped a banana to a wall at Art Basel Miami Beach in 2019, titled "Comedian," which sold for $120,000. 

  • He was sued by California artist Joe Morford, creator of a 2001 work, "Banana and Orange," but prevailed in a case alleging copyright infringement.

The bottom line: Cattelan claimed he'd never seen Morford's work and was expanding off his own idea from 2018, when he'd depicted a banana with red duct tape for a cover of New York Magazine.

  • In granting Cattelan's motion for summary judgment, Judge Robert N. Scola Jr. pointed to differences between the artworks, including the background and the angle at which the bananas were placed."

Saturday, June 10, 2023

Marvel settles with four artists in superhero copyright fight; Reuters, June 9, 2023

 , Reuters; Marvel settles with four artists in superhero copyright fight

"The filings said Marvel would drop its lawsuits against Larry Lieber and the estates of Don Heck, Gene Colan and Don Rico with prejudice, which means they cannot be refiled. A Disney spokesperson and an attorney for the artists said they had reached an "amicable resolution."

Marvel did not appear to have settled with the estate of comic book artist Steve Ditko, which is seeking to reclaim his share of copyrights in Spider-Man and Doctor Strange. Both sides asked a Manhattan federal court for pretrial wins in that case last month.

Under the Copyright Act, a creator can terminate a copyright assignment after decades in certain circumstances. Marvel sued the artists, who wrote and illustrated Marvel comics in the 1950s, 60s and 70s, after they sought to terminate and reclaim copyrights related to several superheroes."

Friday, June 9, 2023

Supreme Court’s 2023 Copyright Fair Use Decision is Not a One-Hit Wonder; JD Supra, June 6, 2023

 Mark AvsecAngela Gottidia Mowad, JD Supra; Supreme Court’s 2023 Copyright Fair Use Decision is Not a One-Hit Wonder

"The fair use defense to copyright infringement has been remastered by the Supreme Court—at least the first factor. The Supreme Court’s recent decision in Andy Warhol Foundation v. Goldsmith holds that the defense does not apply to commercial copying of an original work if the copy serves the same or highly similar purpose as the original. Despite the Court’s efforts to limit its holding, the decision is far from a one-hit wonder. Now more than ever, artists and others should proceed with caution when creating unauthorized derivative works, especially if they plan to commercialize them."

Friday, May 26, 2023

Supreme Court Rules That Andy Warhol Violated a Photographer’s Copyright; Smithsonian Magazine, May 24, 2023

Christopher Parker, Smithsonian Magazine; Supreme Court Rules That Andy Warhol Violated a Photographer’s Copyright

"Reactions to the Supreme Court ruling are mixed. Noah Feldman, a scholar of law at Harvard, writes in Bloomberg that the decision helps artists but harms creativity. 

“The upshot is that little-guy artists win, because they now have more rights than they had before to claim credit for works reused by others,” he writes. “But art as a whole loses, because the decision restricts how artists generate creativity by sampling and remixing existing works.”

Carroll tells the Times that the ruling leaves a lot of room for conflicting interpretations, and the legal battle has only just begun.

“Is it really just about competitive licensing use, or is it more broadly about creating derivative works?” he adds. “I think what you’ll see is lower courts reading it each way, and then eventually this issue is going to find its way back to the Supreme Court.”"

Thursday, May 25, 2023

Canvas is half-blank for artists after Warhol's Supreme Court copyright loss; The Denver Gazette, May 20, 2023

John Moore, The Denver Gazette ; Canvas is half-blank for artists after Warhol's Supreme Court copyright loss 

"That’s why, Sink believes, “I don’t think this is going to open any floodgates of artistic repression,” he said. “I feel like that this case falls into its own category because it was a work-for-hire situation.”

The Andy Warhol Foundation issued a statement saying it was important to note that the ruling “did not question the legality of Andy Warhol's creation of the Prince series."

The case is, to put it mildly, “a very complicated, double-edge sword for artists,” Sink said. But two things he’s sure of: 1. “It really is the Wild West out there now” when it comes to these quickly evolving issues. And 2. Warhol (who died in 1987) would be loooooving this."