Saturday, May 18, 2024

Stability AI, Midjourney should face artists' copyright case, judge says; Reuters, May 8, 2024

, Reuters; Stability AI, Midjourney should face artists' copyright case, judge says

"A California federal judge said he was inclined to green-light a copyright lawsuit against Stability AI, Midjourney and other companies accused of misusing visual artists' work to train their artificial intelligence-based image generation systems.

U.S. District Judge William Orrick said on Tuesday that the ten artists behind the lawsuit had plausibly argued that Stability, Midjourney, DeviantArt and Runway AI copied and stored their work on company servers and could be liable for using it without permission...

Orrick also said that he was likely to dismiss some of the artists' related claims but allow their allegations that the companies violated their trademark rights and falsely implied that they endorsed the systems.

The case is Andersen v. Stability AI, U.S. District Court for the Northern District of California, No. 3:23-cv-00201."

AI/IP Issues Part 2: What Current Litigation Can Tell Us About Where IP in AI Is Heading; LexisNexis, Wednesday, July 24, 2024 1 PM EDT, 10 AM PDT

LexisNexis ; AI/IP Issues Part 2: What Current Litigation Can Tell Us About Where IP in AI Is Heading

"Recent litigation involving generative artificial intelligence (AI) and intellectual property highlights emerging issues that companies need to understand. This webcast explores the litigation trends around patent eligibility and novelty issues, copyright and the fair use defense, and trade secret misappropriation to understand how these cases can help in-house counsel develop internal policies to best protect the company’s intellectual property. Additionally, these current cases can help corporate counsel anticipate challenges and make informed decisions when adopting AI.  

Attend to discover insights into the following trends:

  • Patent litigation reveals uncertainties around patent eligibility and novelty where inventions and/or inventors involve generative AI. 
  • Trade secret litigation is trending up as companies have started to maximize technology protection with trade secrets and recent jury awards have made it a valuable form of intellectual property protection.  
  • Copyright cases are testing the boundaries of fair use related to generative AI."

Reddit shares jump after OpenAI ChatGPT deal; BBC, May 17, 2024

 João da Silva, BBC; Reddit shares jump after OpenAI ChatGPT deal

"Shares in Reddit have jumped more than 10% after the firm said it had struck a partnership deal with artificial intelligence (AI) start-up OpenAI.

Under the agreement, the company behind the ChatGPT chatbot will get access to Reddit content, while it will also bring AI-powered features to the social media platform...

Meanwhile, Google announced a partnership in February which allows the technology giant to access Reddit data to train its AI models.

Both in the European Union and US, there are questions around whether it is copyright infringement to train AI tools on such content, or whether it falls under fair use and "temporary copying" exceptions."

Yet Another AI Copyright Suit Against OpenAI Underscores the Autonomy-Automaton Divide; American Enterprise Institute, May 17, 2024

Michael Rosen , American Enterprise Institute; Yet Another AI Copyright Suit Against OpenAI Underscores the Autonomy-Automaton Divide

"In addition to previous litigation brought against artificial intelligence firms by the New York Times Company,  an alliance of prominent authors, and a group of creative artists, eight newspapers filed a complaint in district court in New York late last month, alleging that OpenAI and Microsoft are infringing their copyrighted articles by training generative AI products on their content and by churning out text that too closely resembles the copyrighted works.

And just like in the predecessor suits, the current litigation highlights a fundamental divide over AI that we’ve explored in this space on numerous occasions: While the newspapers regard ChatGPT and its ilk as mere automatons that mindlessly perform whatever operations they’re programmed to perform, OpenAI and Microsoft present their technology as genuinely autonomous (i.e. transformative and capable of transcending their rote programming.)"

Friday, May 17, 2024

Reed Smith Names AI Chief, Plans for Faster Deals and IP Work; Bloomberg Law, May 15, 2024

Roy Strom, Bloomberg Law; Reed Smith Names AI Chief, Plans for Faster Deals and IP Work

"Richard Robbins is about a week into his role as Reed Smith’s first director of applied artificial intelligence, but—in a sign of how quickly the area is developing—there’s already a lot on his plate.

The law firm is working on at least eight generative artificial intelligence projects, ranging from testing new products to developing AI-fueled workflows for entire practice areas. Robbins, who joined the firm from legal tech company Epiq, will help usher those projects from the test phase to broader rollouts.

“It has been everybody’s part-time work, but we knew that this is so serious,” David Cunningham, Reed Smith’s chief innovation officer, said in an interview. “Just like we have heads of our data insights, our product design team, and our lab, we really needed to have an equal if not greater focus on how we apply AI and data science to the firm."

Law firms have been trying to develop strategies for how to invest in AI and where to deploy it to make their work more efficient."

Internet Archive must face record label copyright claims, judge rules; Reuters, May 16, 2024

 , Reuters; Internet Archive must face record label copyright claims, judge rules

"A California federal court has denied the Internet Archive's bid to dismiss part of a copyright case brought by a group of major record labels including Universal Music Group and Sony Music  over its program for digitizing and streaming vintage vinyl records."

Thursday, May 16, 2024

AI can make up songs now, but who owns the copyright? The answer is complicated; The Conversation, May 13, 2024

Lecturer in Law, University of New England , The Conversation; ; AI can make up songs now, but who owns the copyright? The answer is complicated

"With the rapid development of this technology, it is timely to debate whether a similar right of publicity should be introduced in Australia. If so, it would help to safeguard the identity and performance rights of all Australians and also protect against potential AI voice crimes."

Troy professor copyrights creative writing style; News4, May 15, 2024

 News4; Troy professor copyrights creative writing style

"Business professor Dr. Rodger Morrison now has a copyright for a tokenization regarding artificial intelligence."

Wednesday, May 15, 2024

The Generative AI Copyright Disclosure Act of 2024: Balancing Innovation and IP Rights; The National Law Review, May 13, 2024

 Danner Kline of Bradley Arant Boult Cummings LLP, The National Law Review; The Generative AI Copyright Disclosure Act of 2024: Balancing Innovation and IP Rights

"As generative AI systems become increasingly sophisticated and widespread, concerns around the use of copyrighted works in their training data continue to intensify. The proposed Generative AI Copyright Disclosure Act of 2024 attempts to address this unease by introducing new transparency requirements for AI developers.

The Bill’s Purpose and Requirements

The primary goal of the bill is to ensure that copyright owners have visibility into whether their intellectual property is being used to train generative AI models. If enacted, the law would require companies to submit notices to the U.S. Copyright Office detailing the copyrighted works used in their AI training datasets. These notices would need to be filed within 30 days before or after the public release of a generative AI system.

The Copyright Office would then maintain a public database of these notices, allowing creators to search and see if their works have been included. The hope is that this transparency will help copyright holders make more informed decisions about licensing their IP and seeking compensation where appropriate."

Intellectual property: Protecting traditional knowledge from Western plunder; Frontine, May 15, 2024

 DEUTSCHE WELLE, Frontline; Intellectual property: Protecting traditional knowledge from Western plunder

"Stopping the loss of heritage and knowledge

“The problem? When a patent for traditional knowledge is granted to a third party, that party formally becomes the owner of such knowledge,” said Sattigeri. “The nation loses its heritage and its own traditional knowledge.” But now, that could be changing. In May 2024, WIPO’s 193 member states will meet and potentially ratify the first step of a legal instrument aimed at creating greater protections for these assets.

WIPO has broken them down into three areas seen as vulnerable under the current system: genetic resources, traditional knowledge, and traditional cultural expression. Genetic resources are biological materials like plants and animals that contain genetic information, while traditional knowledge encompasses generational wisdom within communities, which is usually passed down orally. This could include knowledge about biodiversity, food, agriculture, healthcare, and more. Traditional cultural expression includes artistic creations reflecting a group’s heritage and identity, like music, art, and design.

“It changes the classic understanding of intellectual property,” said Dornis. “It might break the system that [says that] many things are unprotected.”"

Tuesday, May 14, 2024

AI Challenges, Freedom to Read Top AAP Annual Meeting Discussions; Publishers Weekly, May 13, 2024

 Jim Milliot , Publishers Weekly; AI Challenges, Freedom to Read Top AAP Annual Meeting Discussions

"The search for methods of reining in technology companies’ unauthorized copying of copyrighted materials to build generative AI models was the primary theme of this year's annual meeting of the Association of American Publishers, held May 9 over Zoom...

“To protect society, we will need a forward-thinking scheme of legal rules and enforcement authority across numerous jurisdictions and disciplines—not only intellectual property, but also national security, trade, privacy, consumer protection, and human rights, to name a few,” Pallante said. “And we will need ethical conduct.”...

Newton-Rex began in the generative AI space in 2010, and now leads the Fairly Trained, which launched in January as a nonprofit that seeks to certify AI companies that don't train models on copyrighted work without creators’ consent (Pallante is an advisor for the company.) He founded the nonprofit after leaving a tech company, Stability, that declined to use a licensing model to get permission to use copyrighted materials in training. Stability, Newton-Rex said, “argues that you can train on whatever you want. And it's a fair use in the United States, and I think this is not only incorrect, but I think it's ethically unforgivable. And I think we have to fight it with everything we have.”

“The old rules of copyright are gone,” said Maria Ressa, cofounder of the online news company Rappler and winner of the 2021 Nobel Peace Prize, in her keynote. “We are literally standing on the rubble of the world that was. If we don’t recognize it, we can’t rebuild it.”

Ressa added that, in a social media world drowning in misinformation and manipulation, “it is crucial that we get back to facts.” Messa advised publishers to “hold the line” in protecting their IP, and to continue to defend the importance of truth: “You cannot have rule of law if you do not have integrity of facts.”"

Monday, May 13, 2024

Supreme Court rules for producer against music giant Warner in copyright case; Boing Boing, May 13, 2024

  , Boing Boing; Supreme Court rules for producer against music giant Warner in copyright case

"The U.S. Supreme Court ruled that there is no time limit for recovering monetary damages in copyright cases filed before the statue of limitations. The case "turned on whether copyright damages are limited to the period of infringement that occurred during the statute of limitations or whether it could also include instances of infringement from before the statute of limitations period."

The 6-3 ruling, authored by liberal Justice Elena Kagan, affirmed a lower court's decision that favored producer Sherman Nealy, who sued a Warner subsidiary and others in Florida federal court in 2018."

Thursday, May 2, 2024

How One Author Pushed the Limits of AI Copyright; Wired, April 17, 2024

 , Wired; How One Author Pushed the Limits of AI Copyright

"The novel draws from Shupe’s eventful life, including her advocacy for more inclusive gender recognition. Its registration provides a glimpse of how the USCO is grappling with artificial intelligence, especially as more people incorporate AI tools into creative work. It is among the first creative works to receive a copyright for the arrangement of AI-generated text.

“We’re seeing the Copyright Office struggling with where to draw the line,” intellectual property lawyer Erica Van Loon, a partner at Nixon Peabody, says. Shupe’s case highlights some of the nuances of that struggle—because the approval of her registration comes with a significant caveat.

The USCO’s notice granting Shupe copyright registration of her book does not recognize her as author of the whole text as is conventional for written works. Instead she is considered the author of the “selection, coordination, and arrangement of text generated by artificial intelligence.” This means no one can copy the book without permission, but the actual sentences and paragraphs themselves are not copyrighted and could theoretically be rearranged and republished as a different book.

The agency backdated the copyright registration to October 10, the day that Shupe originally attempted to register her work. It declined to comment on this story. “The Copyright Office does not comment on specific copyright registrations or pending applications for registration,” Nora Scheland, an agency spokesperson says. President Biden’s executive order on AI last fall asked the US Patent and Trademark Office to make recommendations on copyright and AI to the White House in consultation with the Copyright Office, including on the “scope of protection for works produced using AI.”

Wednesday, May 1, 2024

FTC Challenenges ‘junk’ patents held by 10 drugmakers, including for Novo Nordisk’s Ozempic; CNBC, April 30, 2024

 Annika Kim Constantino, CNBC; FTC Challenenges ‘junk’ patents held by 10 drugmakers, including for Novo Nordisk’s Ozempic

"Most top-selling medications are protected by dozens of patents covering various ingredients, manufacturing processes, and intellectual property. Generic drugmakers can only launch cheaper versions of a branded drug if the patents have expired or are successfully challenged in court.

“By filing bogus patent listings, pharma companies block competition and inflate the cost of prescription drugs, forcing Americans to pay sky-high prices for medicines they rely on,” FTC Chair Lina Khan said in a release. “By challenging junk patent filings, the FTC is fighting these illegal tactics and making sure that Americans can get timely access to innovative and affordable versions of the medicines they need.”

The FTC also notified the Food and Drug Administration about the challenges. The FDA manages patent listings for approved drugs on a document called the Orange Book.

The FTC first challenged dozens of branded drug patents last fall, leading three drugmakers to comply and delist their patents with the FDA. Five other companies did not. 

The Tuesday announcement expands the Biden administration’s effort to crack down on alleged patent abuses by the pharmaceutical industry. The FTC has argued that drugmakers are needlessly listing dozens of extra patents for branded medications to keep their drug prices high and stall generic competitors from entering the U.S. market."

Tuesday, April 30, 2024

Eight US newspapers sue OpenAI and Microsoft for copyright infringement; Associated Press via The Guardian, April 30, 2024

 Associated Press via The GuardianEight US newspapers sue OpenAI and Microsoft for copyright infringement

"A group of eight US newspapers is suing ChatGPT-maker OpenAI and Microsoft, alleging that the technology companies have been “purloining millions” of copyrighted news articles without permission or payment to train their artificial intelligence chatbots."

Friday, April 26, 2024

World IP Day: How the Copyright System Builds Our Common Future; Library of Congress Blogs: Copyright Creativity at Work, April 26, 2024

 Ashley Tucker, Library of Congress Blogs: Copyright Creativity at Work; World IP Day: How the Copyright System Builds Our Common Future

"The following is a guest blog post by Miriam Lord, Associate Register of Copyrights and Director of Public Information and Education. 

Each year on April 26, the U.S. Copyright Office joins intellectual property organizations around the world in celebrating World Intellectual Property Day. This year’s theme, set by the World Intellectual Property Organization (WIPO), is “IP and the Sustainable Development Goals: Building Our Common Future with Innovation and Creativity.” Established by the United Nations, the 17 Sustainable Development Goals (SDGs) serve as a “shared blueprint for peace and prosperity for people and the planet, now and into the future.”

The copyright system is a powerful mechanism for ensuring society’s wealth of culture and knowledge. The system also helps creators sustain themselves by granting them certain exclusive rights over their works. In the United States, this concept is so central that it is enshrined in our Constitution.

“Congress shall have Power . . . To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”

-United States Constitution, Article I, Section 8"

Op-Ed: AI’s Most Pressing Ethics Problem; Columbia Journalism Review, April 23, 2024

 ANIKA COLLIER NAVAROLI, Columbia Journalism Review; Op-Ed: AI’s Most Pressing Ethics Problem

"I believe that, now more than ever, it’s time for people to organize and demand that AI companies pause their advance toward deploying more powerful systems and work to fix the technology’s current failures. While it may seem like a far-fetched idea, in February, Google decided to suspend its AI chatbot after it was enveloped in a public scandal. And just last month, in the wake of reporting about a rise in scams using the cloned voices of loved ones to solicit ransom, OpenAI announced it would not be releasing its new AI voice generator, citing its “potential for synthetic voice misuse.”

But I believe that society can’t just rely on the promises of American tech companies that have a history of putting profits and power above people. That’s why I argue that Congress needs to create an agency to regulate the industry. In the realm of AI, this agency should address potential harms by prohibiting the use of synthetic data and by requiring companies to audit and clean the original training data being used by their systems.

AI is now an omnipresent part of our lives. If we pause to fix the mistakes of the past and create new ethical guidelines and guardrails, it doesn’t have to become an existential threat to our future."

Wednesday, April 24, 2024

U.S. bans noncompete agreements for nearly all jobs; NPR, April 23, 2024

  , NPR; U.S. bans noncompete agreements for nearly all jobs

"The Federal Trade Commission narrowly voted Tuesday to ban nearly all noncompetes, employment agreements that typically prevent workers from joining competing businesses or launching ones of their own...

"For more than a year, the group has vigorously opposed the ban, saying that noncompetes are vital to companies, by allowing them to better guard trade secrets, and employees, by giving employers greater incentive to invest in workforce training and development."

Tuesday, April 23, 2024

LeBron James tattoo artist loses trial against 'NBA 2K' maker Take-Two; Reuters, April 19, 2024

 , Reuters; LeBron James tattoo artist loses trial against 'NBA 2K' maker Take-Two

"Take-Two Interactive's 2K Games, the maker of the popular 'NBA 2K' basketball video-game series, convinced an Ohio federal jury on Friday to reject allegations that its use of LeBron James' tattoos in its games violated the rights of the Cleveland-based artist who inked them.

The jury determined that Take-Two had an implied license to depict the tattoos based on its agreement to use James' likeness in the games and found that tattoo artist Jimmy Hayden's copyrights had not been infringed."

Tuesday, April 16, 2024

Congress Explores AI and Copyright Law; The Federalist Society, April 16, 2024

Lynn White, The Federalist Society; Congress Explores AI and Copyright Law

"Interest in artificial intelligence (AI) has surged in the 118th Congress. There have been several hearings on a range of topics related to AI, including how federal agencies are using it and general principles for regulating its use. The House Committee on Judiciary, Subcommittee on Courts, Intellectual Property, and the Internet, has held a series of hearings related to AI and Intellectual Property...

Members of the committee seemed interested in the content of the hearing and expressed appreciation for the bi-partisan approach used to explore the issue of AI and intellectual property. Chairman Issa noted that this hearing was just the first of many. He further stated that he believes that Congress will find some middle ground that respects existing copyright law but allows generative AI to continue to grow. Over the next few blog posts, we will summarize this series of hearings and highlight the issues the witnesses and members of Congress discussed."

Sunday, April 14, 2024

Public domain, where there is life after copyright; CBS News, Sunday Morning, April 14, 2024

Lee Cowan , CBS News, Sunday Morning; Public domain, where there is life after copyright

"Jenkins said, "The public domain doesn't represent the death of copyright. It's just the second part of copyright's life cycle."

The concept of putting an expiration date on intellectual property was something the founding fathers actually put in the U.S. Constitution, " promote the progress of science and the useful arts." They left it to Congress, however, to decide just how long copyright terms should last...

Duke University's Jennifer Jenkins said, "Copyright gives rights to creators and their descendants that provide incentives to create. But the public domain really is the soil for future creativity."

There are surely more copyright clashes ahead. Characters like Bugs Bunny, Superman and Batman will all find themselves out of copyright protection soon enough.

Even Luke Skywalker will eventually find himself in the public domain, too, sometime around 2073. That sure seems like a galaxy far, far way."

Tuesday, April 9, 2024

New bill would force AI companies to reveal use of copyrighted art; The Guardian, April 9, 2024

, The Guardian ; New bill would force AI companies to reveal use of copyrighted art

"A bill introduced in the US Congress on Tuesday intends to force artificial intelligence companies to reveal the copyrighted material they use to make their generative AI models. The legislation adds to a growing number of attempts from lawmakers, news outlets and artists to establish how AI firms use creative works like songs, visual art, books and movies to train their software–and whether those companies are illegally building their tools off copyrighted content.

The California Democratic congressman Adam Schiff introduced the bill, the Generative AI Copyright Disclosure Act, which would require that AI companies submit any copyrighted works in their training datasets to the Register of Copyrights before releasing new generative AI systems, which create text, images, music or video in response to users’ prompts. The bill would need companies to file such documents at least 30 days before publicly debuting their AI tools, or face a financial penalty. Such datasets encompass billions of lines of text and images or millions of hours of music and movies."

OpenAI’s GPT Store Is Triggering Copyright Complaints; Wired, April 4, 2024

Kate Knibbs, Wired ; OpenAI’s GPT Store Is Triggering Copyright Complaints

"It is easy to find bots in the GPT Store whose descriptions suggest they might be tapping copyrighted content in some way, as Techcrunch noted in a recent article claiming OpenAI’s store was overrun with “spam.” Using copyrighted material without permission is permissable in some contexts but in others rightsholders can take legal action."

Saturday, April 6, 2024

Where AI and property law intersect; Arizona State University (ASU) News, April 5, 2024

 Dolores Tropiano, Arizona State University (ASU) News; Where AI and property law intersect

"Artificial intelligence is a powerful tool that has the potential to be used to revolutionize education, creativity, everyday life and more.

But as society begins to harness this technology and its many uses — especially in the field of generative AI — there are growing ethical and copyright concerns for both the creative industry and legal sector.

Tyson Winarski is a professor of practice with the Intellectual Property Law program in Arizona State University’s Sandra Day O’Connor College of Law. He teaches an AI and intellectual property module within the course Artificial Intelligence: Law, Ethics and Policy, taught by ASU Law Professor Gary Marchant.

“The course is extremely important for attorneys and law students,” Winarski said. “Generative AI is presenting huge issues in the area of intellectual property rights and copyrights, and we do not have definitive answers as Congress and the courts have not spoken on the issue yet.”"

Friday, April 5, 2024

Swift’s Latest Hit: Copyright Law; Boston College Law School Magazine Online, April 5, 2024

Sean Doolittle ’24, Boston College Law School Magazine Online; Swift’s Latest Hit: Copyright Law

"Greenstein described the impact that Swift’s gambit has had on the music industry: “Labels invest in artists, they hire producers, they pay for recording time, and they want to recover that investment. Recording agreements often prohibited musical artists from going out and re-recording a song for a period of five to seven years from the original release date of the record, or two years from the expiration of the contract. Now, thanks to Taylor Swift, they’re pushing that up to ten, fifteen, maybe even thirty years,” he warned. Once bitten, twice shy, as they say.

Swift has, in other words, slammed the door in the face of new artists hoping to come up through the recording industry, making it that much harder for future musicians to negotiate for ownership of their music. Now, up-and-coming musicians will be largely stripped of the ability to re-record their music and acquire the phonogram copyrights in a song for decades—well past their prime popularity, in all likelihood—instead of the traditional five- to seven-year period. Popular established musicians, on the other hand, stand to benefit, reinforcing the exclusive nature of the music industry."

Taylor’s Version of copyright; Harvard Law School, April 3, 2024

Brett Milano, Harvard Law School ; Taylor’s Version of copyright

"When Taylor Swift began re-recording her old albums and releasing the new, improved “Taylor’s Version,” she did more than delight a nation of Swifties. She also opened significant questions about the role of intellectual property in contract law, and possibly tipped the balance toward artists.

According to Gary R. Greenstein, a technology transactions partner at Wilson Sonsini, the Swift affair is one of many that makes these times especially interesting for copyright law. Greenstein’s current practice focuses on intellectual property, licensing, and commercial transactions, with specialized expertise in the digital exploitation of intellectual property. He appeared at Harvard Law School on March 28 for a lunchtime talk, which was presented and introduced by Chris Bavitz, the WilmerHale Clinical Professor of Law and managing director of the law school’s Cyberlaw Clinic. “I have been doing this for 28 years now and there is never a dull moment,” Greenstein said.

Greenstein placed the Swift story in the larger context of music copyrights. In music, he explained, there are always two copyrights. The first is for the musical work itself, and this is usually controlled by the composer/songwriter, or by a publishing company acting on their behalf. The second is the “master,” the recorded performance of the work, and this is usually controlled by the label."

Thursday, April 4, 2024

George Carlin’s Estate Reaches Settlement After A.I. Podcast; The New York Times, April 2, 2024

Christopher Kuo , The New York Times; George Carlin’s Estate Reaches Settlement After A.I. Podcast

"The estate of the comedian George Carlin reached a settlement on Monday with the makers of a podcast who had said they had used artificial intelligence to impersonate Mr. Carlin for a comedy special...

Mr. Carlin’s estate filed the suit in January, saying that Mr. Sasso and Mr. Kultgen, hosts of the podcast “Dudesy,” had infringed on the estate’s copyrights by training an A.I. algorithm on five decades of Mr. Carlin’s work for the special “George Carlin: I’m Glad I’m Dead,” which was posted on YouTube. The lawsuit also said they had illegally used Mr. Carlin’s name and likeness."

Billie Eilish and Nicki Minaj want stop to 'predatory' music AI; BBC, April 2, 2024

 Liv McMahon , BBC; Billie Eilish and Nicki Minaj want stop to 'predatory' music AI

"Billie Eilish and Nicki Minaj are among 200 artists calling for the "predatory" use of artificial intelligence (AI) in the music industry to be stopped.

In an open letter also signed by Katy Perry and the estate of Frank Sinatra, they warn AI "will set in motion a race to the bottom" if left unchecked...

Other artists have since spoken out about it, with Sting telling the BBC he believes musicians face "a battle" to defend their work against the rise of songs written by AI.

"The building blocks of music belong to us, to human beings," he said.

But not all musicians oppose developments in or use of AI across the music industry, and electronic artist Grimes and DJ David Guetta are among those backing the use of such AI tools."

Wednesday, April 3, 2024

‘The People’s Joker’ and the Perils of Playing With a Studio’s Copyright; The New York Times, April 1, 2024

 Eric Grode, The New York Times; ‘The People’s Joker’ and the Perils of Playing With a Studio’s Copyright

"The Joker may be the purview of DC Comics, not Marvel, but the fear of running afoul of copyright laws was no less of a concern.

“I kept myself very informed legally in terms of what qualifies as a parody and what fair use really is,” said Drew, referring to the legal doctrine that allows artists to use copyrighted material without permission or consequence depending on the circumstances. The “People’s Joker” poster calls it “A Fair Use Film by Vera Drew.”

Rebecca Tushnet, a professor at Harvard Law School and an expert in fair use, said artistic works find themselves on safer legal ground when they comment on the original material in a transformative way.

“Favored use is critical in that it performs an interpretation,” said Tushnet, who has not seen the film but was willing to discuss it in the abstract. “A parody is the classic example, but it doesn’t have to be funny. If the metaphor that the Joker represents here is a different metaphor, then it might well fall under the category of transformative fair use."”

Monday, April 1, 2024

A fight to protect the dignity of Michelangelo’s David raises questions about freedom of expression; AP, March 28, 2024

 Colleen Barry, AP; A fight to protect the dignity of Michelangelo’s David raises questions about freedom of expression

"The decisions challenge a widely held practice that intellectual property rights are protected for a specified period before entering the public domain — the artist’s lifetime plus 70 years, according to the Berne Convention signed by more than 180 countries including Italy.

More broadly, the decisions raise the question of whether institutions should be the arbiters of taste, and to what extent freedom of expression is being limited...

Court cases have debated whether Italy’s law violates a 2019 European Union directive stating that any artwork no longer protected by copyright falls into the public domain, meaning that “everybody should be free to make, use and share copies of that work.”

The EU Commission has not addressed the issue, but a spokesman told the AP that it is currently checking “conformity of the national laws implementing the copyright directive” and would look at whether Italy’s cultural heritage code interferes with its application."

Sunday, March 31, 2024

Women transforming industries: Recognizing the power of intellectual property; United States Patent and Trademark Office (USPTO), April 24 12 Noon EDT

United States Patent and Trademark Office (USPTO) ; Women transforming industries: Recognizing the power of intellectual property

"Hear how women innovators are impacting industries across the board with intellectual property (IP) protection at our next Women's Entrepreneurship (WE) event, happening virtually and in person on Wednesday, April 24 from noon to 1 p.m. ET at George Mason University's Mason Enterprise Center in Fairfax, Virginia.

Expert panelists, including women entrepreneurs, small business owners, and inventors, will discuss resources and services that can help you protect your IP, access capital, find mentors, and network with fellow innovators and entrepreneurs.

An agenda and speaker list will be posted soon.

Register today

Thursday, March 28, 2024

AI hustlers stole women’s faces to put in ads. The law can’t help them.; The Washington Post, March 28, 2024


, The Washington Post; AI hustlers stole women’s faces to put in ads. The law can’t help them.

"Efforts to prevent this new kind of identity theft have been slow. Cash-strapped police departments are ill equipped to pay for pricey cybercrime investigations or train dedicated officers, experts said. No federal deepfake law exists, and while more than three dozen state legislatures are pushing ahead on AI bills, proposals governing deepfakes are largely limited to political ads and nonconsensual porn."

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."

Wednesday, March 27, 2024

Amicus Briefs Filed in Internet Archive Copyright Case; Publishers Weekly, March 25, 2024

Andrew Albanese , Publishers Weekly; Amicus Briefs Filed in Internet Archive Copyright Case

"Internet Archive lawyers filed their principal appeal brief on December 15, and 11 amicus briefs were filed in support of the Internet Archive a week later, in December, representing librarians and library associations, authors, public advocacy groups, law professors, and IP scholars, although some of the IA amicus briefs are presented as neutral.

The briefs are the latest development in the long-running copyright infringement case and come a year after a ruling by judge John G. Koeltl on March 24, 2023 that emphatically rejected the IA’s fair use defense, finding the scanning and lending of print library books under a protocol known as “controlled digital lending” to be copyright infringement.

The Internet Archive’s reply brief is now due on April 19, and oral arguments are expected to be set for this fall."

Tuesday, March 26, 2024

Looking Forward: The U.S. Copyright Office’s AI Initiative in 2024; U.S. Copyright Office, March 26, 2024

Nora Scheland, U.S. Copyright Office ; Looking Forward: The U.S. Copyright Office’s AI Initiative in 2024

"More than one year ago, the U.S. Copyright Office launched a comprehensive initiative to examine the impact of generative Artificial Intelligence (AI) on copyright law and policy. This blog post highlights the next steps of this ongoing study and summarizes a recent update to Congress from Register of Copyrights Shira Perlmutter.

Over the coming months, the Office will issue a report, published in several sections, analyzing the impact of AI on copyright and making recommendations about any legislative or regulatory action. The first section will focus on digital replicas, or the use of AI to digitally replicate human artists’ appearances, voices, or other aspects of their identities. This section will be published later this spring.

The second section, to be published this summer, will address the copyrightability of works incorporating AI-generated material. Later sections will focus on the topic of training AI models on copyrighted works as well as any licensing considerations and liability issues. The Office’s goal is to finalize the entire report by the end of the fiscal year.

Separately, the Office will publish an update to the Compendium of U.S. Copyright Office Practices, the administrative manual for registration. The update, which will follow a public notice requesting comments, will include further guidance and examples relating to the registration of works containing AI-generated material.

Additionally, the Office has brought together a group of government and academic economists to discuss the economic aspects of the intersection of copyright and AI. Later this year, the Office will publish the group’s proposed research agenda.

New announcements, updates, and publications will be posted on the Copyright and Artificial Intelligence webpage throughout the rest of this fiscal year. Subscribe to the Office’s NewsNets to stay up to date on the Office’s AI initiative."

Sunday, March 24, 2024

Generative AI could leave users holding the bag for copyright violations; The Conversation, March 22, 2024

Professor of Information Systems, Michigan State University , The Conversation; ; Generative AI could leave users holding the bag for copyright violations

"How to build guardrails

Legal scholars have dubbed the challenge in developing guardrails against copyright infringement into AI tools the “Snoopy problem.” The more a copyrighted work is protecting a likeness – for example, the cartoon character Snoopy – the more likely it is a generative AI tool will copy it compared to copying a specific image."

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, March 21, 2024

Canada moves to protect coral reef that scientists say ‘shouldn’t exist’; The Guardian, March 15, 2024

, The Guardian; Canada moves to protect coral reef that scientists say ‘shouldn’t exist’

"For generations, members of the Kitasoo Xai’xais and Heiltsuk First Nations, two communities off the Central Coast region of British Columbia, had noticed large groups of rockfish congregating in a fjord system.

In 2021, researchers and the First Nations, in collaboration with the Canadian government, deployed a remote-controlled submersible to probe the depths of the Finlayson Channel, about 300 miles north-west of Vancouver.

On the last of nearly 20 dives, the team made a startling discovery – one that has only recently been made public...

The discovery marks the latest in a string of instances in which Indigenous knowledge has directed researchers to areas of scientific or historic importance. More than a decade ago, Inuk oral historian Louie Kamookak compared Inuit stories with explorers’ logbooks and journals to help locate Sir John Franklin’s lost ships, HMS Erebus and HMS Terror. In 2014, divers located the wreck of the Erebus in a spot Kamookak suggested they search, and using his directions found the Terror two years later."