Showing posts with label attribution. Show all posts
Showing posts with label attribution. Show all posts

Sunday, December 8, 2024

Can You Copyright a Vibe?; The New York Times, December 5, 2024

 , The New York Times; Can You Copyright a Vibe?

"Ms. Gifford claims that Ms. Sheil, 21, not only started to mimic her online persona but also appropriated her entire look. And now she is suing.

Ms. Gifford had copyrighted several of her social media posts in January, after noticing the similarity between Ms. Sheil’s posts and her own. Several photos were submitted as evidence in the lawsuit Ms. Gifford filed this year in a federal court in Texas accusing Ms. Sheil of copyright infringement. But in the carefully curated world of social media, Ms. Gifford has leveled a perhaps more severe charge against her: stealing her vibe...

In several interviews beginning in August, experts said influencers have to navigate a blurry landscape in which assigning credit to who created what can be daunting and, in some cases, impossible.

“There really is a sense that you’re both a creator and a borrower,” said Jeanne Fromer, a professor of intellectual property law at New York University. “Fashion is built on that. All the creative industries — painting, music, movies — they’re all built on borrowing in certain ways from the past and also ideally trying to bring your own spin to something. I don’t know that anyone wants to go too far as a result.""

Monday, October 28, 2024

THE COPYRIGHT CONTROVERSY BEHIND A VIRAL GOSPEL HIT; Christianity Today, October 28, 2024

, Christianity Today; THE COPYRIGHT CONTROVERSY BEHIND A VIRAL GOSPEL HIT

"Like any growing genre, Christian music’s increasing global popularity has placed a higher value on hits—and raised the stakes of proper attribution and credit. But in a Christian context, conflicts over credit and compensation can be especially fraught. The appearance of greed or opportunism can threaten a Christian artist’s reputation, but failure to claim credit threatens their livelihood—especially for independent musicians and producers or those working in smaller and developing industries like Ghana’s.

“Many dismiss the importance of legal considerations with statements like ‘Since it’s a God thing, it’s free and for everyone,’” said Eugene Zuta, a Ghanaian songwriter and worship leader. “As a result, copyright issues are often disregarded, and regulations are violated. Some of my songs have been used by others, who make light of their infringement with lame excuses.”"

Monday, September 30, 2024

OpenAI Faces Early Appeal in First AI Copyright Suit From Coders; Bloomberg Law, September 30, 2024

 Isaiah Poritz , Bloomberg Law; OpenAI Faces Early Appeal in First AI Copyright Suit From Coders

"OpenAI Inc. and Microsoft Corp.‘s GitHub will head to the country’s largest federal appeals court to resolve their first copyright lawsuit from open-source programmers who claim the companies’ AI coding tool Copilot violates a decades-old digital copyright law.

Judge Jon S. Tigar granted the programmers’ request for a mid-case turn to the US Court of Appeals for the Ninth Circuit, which must determine whether OpenAI’s copying of open-source code to train its AI model without proper attribution to the programmers could be a violation of the Digital Millennium Copyright Act...

The programmers argued that Copilot fails to include authorship and licensing terms when it outputs code. Unlike other lawsuits against AI companies, the programmers didn’t allege that OpenAI and GitHub engaged in copyright infringement, which is different from a DMCA violation."

Thursday, September 5, 2024

Intellectual property and data privacy: the hidden risks of AI; Nature, September 4, 2024

Amanda Heidt , Nature; Intellectual property and data privacy: the hidden risks of AI

"Timothée Poisot, a computational ecologist at the University of Montreal in Canada, has made a successful career out of studying the world’s biodiversity. A guiding principle for his research is that it must be useful, Poisot says, as he hopes it will be later this year, when it joins other work being considered at the 16th Conference of the Parties (COP16) to the United Nations Convention on Biological Diversity in Cali, Colombia. “Every piece of science we produce that is looked at by policymakers and stakeholders is both exciting and a little terrifying, since there are real stakes to it,” he says.

But Poisot worries that artificial intelligence (AI) will interfere with the relationship between science and policy in the future. Chatbots such as Microsoft’s Bing, Google’s Gemini and ChatGPT, made by tech firm OpenAI in San Francisco, California, were trained using a corpus of data scraped from the Internet — which probably includes Poisot’s work. But because chatbots don’t often cite the original content in their outputs, authors are stripped of the ability to understand how their work is used and to check the credibility of the AI’s statements. It seems, Poisot says, that unvetted claims produced by chatbots are likely to make their way into consequential meetings such as COP16, where they risk drowning out solid science.

“There’s an expectation that the research and synthesis is being done transparently, but if we start outsourcing those processes to an AI, there’s no way to know who did what and where the information is coming from and who should be credited,” he says...

The technology underlying genAI, which was first developed at public institutions in the 1960s, has now been taken over by private companies, which usually have no incentive to prioritize transparency or open access. As a result, the inner mechanics of genAI chatbots are almost always a black box — a series of algorithms that aren’t fully understood, even by their creators — and attribution of sources is often scrubbed from the output. This makes it nearly impossible to know exactly what has gone into a model’s answer to a prompt. Organizations such as OpenAI have so far asked users to ensure that outputs used in other work do not violate laws, including intellectual-property and copyright regulations, or divulge sensitive information, such as a person’s location, gender, age, ethnicity or contact information. Studies have shown that genAI tools might do both1,2."

Saturday, August 3, 2024

AI is complicating plagiarism. How should scientists respond?; Nature, July 30, 2024

 Diana Kwon , Nature; AI is complicating plagiarism. How should scientists respond?

"From accusations that led Harvard University’s president to resign in January, to revelations in February of plagiarized text in peer-review reports, the academic world has been roiled by cases of plagiarism this year.

But a bigger problem looms in scholarly writing. The rapid uptake of generative artificial intelligence (AI) tools — which create text in response to prompts — has raised questions about whether this constitutes plagiarism and under what circumstances it should be allowed. “There’s a whole spectrum of AI use, from completely human-written to completely AI-written — and in the middle, there’s this vast wasteland of confusion,” says Jonathan Bailey, a copyright and plagiarism consultant based in New Orleans, Louisiana.

Generative AI tools such as ChatGPT, which are based on algorithms known as large language models (LLMs), can save time, improve clarity and reduce language barriers. Many researchers now argue that they are permissible in some circumstances and that their use should be fully disclosed.

But such tools complicate an already fraught debate around the improper use of others’ work. LLMs are trained to generate text by digesting vast amounts of previously published writing. As a result, their use could result in something akin to plagiarism — if a researcher passes off the work of a machine as their own, for instance, or if a machine generates text that is very close to a person’s work without attributing the source. The tools can also be used to disguise deliberately plagiarized text, and any use of them is hard to spot. “Defining what we actually mean by academic dishonesty or plagiarism, and where the boundaries are, is going to be very, very difficult,” says Pete Cotton, an ecologist at the University of Plymouth, UK."

Sunday, February 18, 2024

No Fair Use for Photo Used Without Required Attribution; The National Law Review, February 15, 2024

Timothy M. Dunker of McDermott Will & Emery, The National Law Review; No Fair Use for Photo Used Without Required Attribution

"The US Court of Appeals for the Fourth Circuit concluded that the copyright on a photograph of an entertainment icon was the subject of a valid copyright registration and that use of the photograph in an article missing the author’s required attribution language was not otherwise “fair use.” Philpot v. Independent Journal Review, Case No. 21-2021 (4th Cir. Feb. 6, 2024) (King, Wynn, Rushing, JJ.)

Larry Philpot, a professional concert photographer, photographed Ted Nugent at a concert in July 2013. In August 2013, Philpot registered the photograph with the US Copyright Office and published the photograph on Wiki Commons under a Creative Commons License specifying that anyone could use the photograph for free as long as they provided the following attribution: “Photo Credit: Larry Philpot of www.soundstagephotography.com.”"

Monday, February 12, 2024

On Copyright, Creativity, and Compensation; Reason, February 12, 2024

, Reason; On Copyright, Creativity, and Compensation

"Some of you may have seen the article by David Segal in the Sunday NY Times several weeks ago [available here] about a rather sordid copyright fracas in which I have been embroiled over the past few months...

What to make of all this? I am not oblivious to the irony of being confronted with this problem after having spent 30 years or so, as a lawyer and law professor, reflecting on and writing about the many mysteries of copyright policy and copyright law in the Internet Age.

Here are a few things that strike me as interesting (and possibly important) in this episode."

Tuesday, January 30, 2024

Lawyers weigh strength of copyright suit filed against BigLaw firm; Rhode Island Lawyers Weekly, January 29, 2024

Pat Murphy , Rhode Island Lawyers Weekly; Lawyers weigh strength of copyright suit filed against BigLaw firm

"Jerry Cohen, a Boston attorney who teaches IP law at Roger Williams University School of Law, called the suit “not so much a copyright case as it is a matter of professional responsibility and respect.”"

Saturday, July 8, 2023

Poet and translator to sue British Museum for copyright and moral rights infringement; The Art Newspaper, July 7, 2023

 Anny Shaw, The Art Newspaper; Poet and translator to sue British Museum for copyright and moral rights infringement

"Sharples notes that the legal case will not only focus on copyright, but also Wang’s moral rights, in particular the right to attribution—or the right to be named or identified as the author."

Monday, July 3, 2023

“I Have a Problem With the Stealing of My Material”: A Common Rallying Cry Emerges On AI; The Hollywood Reporter, July 3, 2023

BY WINSTON CHO , The Hollywood Reporter; “I Have a Problem With the Stealing of My Material”: A Common Rallying Cry Emerges On AI

"In a hearing before the House Judiciary Subcommittee on Courts, Intellectual Property and the Internet examining the intersection of AI and copyright law, key players in Hollywood moved for guardrails to protect their work. “The rapid introduction of generative AI systems is seen as an existential threat to the livelihood and continuance of our creative professions unless immediate steps are taken on legal interpretive and economic fronts to address these emerging issues,” said Ashley Irwin, president of the Society of Composers and Lyricists (SCL), at the hearing on May 17. “It’s essential to prioritize policies and regulations to safeguard the intellectual property and copyright of creators and preserve the diverse and dynamic U.S cultural landscape.”"

Sunday, April 3, 2022

She Took the White House Photos. Trump Moved to Take the Profit.; The New York Times, March 31, 2022

Eric Lipton and  , The New York Times; She Took the White House Photos. Trump Moved to Take the Profit.

"There is no legal prohibition on Mr. Trump assembling and publishing photographs that a White House staff member took during his tenure; under federal law, those photographs are considered in the public domain and not subject to copyright. There is a public Flickr account, now managed by the National Archives, that has 14,995 photos from the Trump White House, a third of them listing Ms. Craighead as the photographer."

Friday, December 3, 2021

Who Owns a Recipe? A Plagiarism Claim Has Cookbook Authors Asking.; The New York Times, November 29, 2021

Priya Krishna , The New York Times; Who Owns a Recipe? A Plagiarism Claim Has Cookbook Authors Asking.

U.S. copyright law protects all kinds of creative material, but recipe creators are mostly powerless in an age and a business that are all about sharing.

"U.S. copyright law seeks to protect “original works of authorship” by barring unauthorized copying of all kinds of creative material: sheet music, poetry, architectural works, paintings and even computer software.

But recipes are much harder to protect. This is a reason they frequently reappear, often word for word, in one book or blog after another.

Cookbook writers who believe that their work has been plagiarized have few options beyond confronting the offender or airing their grievances online. “It is more of an ethical issue than it is a legal issue,” said Lynn Oberlander, a media lawyer in New York City...

“The whole history of American cookbook publishing is based on borrowing and sharing,” said Bonnie Slotnick, the owner of Bonnie Slotnick Cookbooks, an antique bookstore in the East Village of Manhattan...

Mr. Bailey said many cookbook authors are used to the free exchange of ideas on social media, and may not be conscious of the importance of giving credit. “It has become so tempting in this environment to just take rather than to create,” he said."

Friday, May 1, 2020

How to find copyright-free images (and avoiding a stock photo subscription); TNW, April 29, 2020

 , TNW; How to find copyright-free images (and avoiding a stock photo subscription)

"If you search for any term and head to the Images section in Google, you’ll instantly find thousands of images. There’s one issue, though: Some of them might be copyrighted and you might be putting yourself (or your employer) at risk. Fortunately, you can filter images by usage rights, which will help you avoid that...

Here are a couple of our favorite free stock photo sites:
If you’re looking for copyright-free PNG cutouts, you should check out PNGPlayIcon8, and PNGimg.
Even though a lot of these images are free to use without any attribution, you can support the creators by giving them credit, which in turn gives their work more exposure. You might not have the resources to purchase their images, but someone else might be interested in hiring them. Crediting them for their work helps with that.
You get to save some money by avoiding buying a Shutterstock subscription, they get free exposure. It’s a win-win."

Wednesday, December 12, 2018

Fortnight [sic] Sued Over Swiped Dance Move; Forbes, December 11, 2018

Oliver Herzfeld, Forbes; Fortnight [sic] Sued Over Swiped Dance Move

"Rapper 2 Milly recently filed a lawsuit against Epic Games, the maker of Fortnite Battle Royale. Essentially, 2 Milly claims Epic engaged in copyright infringement by stealing his dance move, the “Milly Rock,” renaming the move “Swipe It” and offering if for sale in Fortnite. The question is, are dance moves copyrightable?"

Monday, December 3, 2018

Podcaster Sued for Copyright Infringement for Using Music without Permission - Remember ASCAP, BMI and SESAC Licenses Don’t Cover All the Rights Needed for Podcasting; Lexology, November 29, 2018

Friday, November 16, 2018

The darker side of Stan Lee’s legacy; Vox, November 14, 2018

Alex Abad-Santos, Vox; The darker side of Stan Lee’s legacy

"As fans, we should celebrate Lee’s work and the wondrous comic book worlds he helped create. At the same time, it doesn’t take away from Lee’s legacy to also acknowledge the comic book writers, artists, editors, colorists, and everyone who worked with him to produce those characters and universes — the people who don’t, and perhaps never will, enjoy the same level of recognition."

Tuesday, November 13, 2018

Marvel Icon Stan Lee Leaves a Legacy as Complex as His Superheroes; The Daily Beast, November 12, 2018

Spencer Ackerman, The Daily Beast; Marvel Icon Stan Lee Leaves a Legacy as Complex as His Superheroes

"Stan Lee supercharged Marvel Comics into one of the most important cultural forces on the planet. But how much credit does he really deserve?"

Monday, November 12, 2018

Marvel Comics' Stan Lee Passes Away at 95; November 12, 2018

Kip Currier; Marvel Comics' Stan Lee Dies at 95

Marvel Comics' legend Stan Lee passed away today at the age of 95 in Los Angeles. In the 1960's, Lee collaborated with the late iconic artist Jack Kirby (and later, others as well) in co-creating many of Marvel's most famous superhero characters--the Fantastic Four, the Hulk, the Avengers, the X-Men, the Black Panther, and many more. Lee and Kirby's creations now rank among the most lucrative Intellectual Property in the "616 universe".

It's interesting to note the headlines that have been appearing today--some citing Lee as "creator", while others use "co-creator":























Tuesday, September 18, 2018

Avengers 4 Fan Trailer Calls in the X-Men & Defenders; Comic Book Resources, September 18, 2018

Brittany Matter, Comic Book Resources; Avengers 4 Fan Trailer Calls in the X-Men & Defenders

"A new fan trailer seamlessly mashes up the heroes of the Marvel Cinematic Universe with the X-Men, the Defenders and even Ghost Rider to take on the [sic] Thanos in Avengers 4."

Wednesday, August 22, 2018

Copyright vs. Conscience: Lawyering Up Isn’t Always the Right Move; PetaPixel, August 21, 2018

Blair Bunting, PetaPixel; Copyright vs. Conscience: Lawyering Up Isn’t Always the Right Move

"You read stories about photographers going after copyright abuse all the time, and it’s nearly always justified. In this case, I hope you can agree with me that seeking monetary compensation through legal recourse was not the right move. Sometimes you have to step back and remember that this may be a business, but it’s a business that relies on people. Once in a while, you have to remember that everyone featured in a photograph is a human, and as such all deserve compassion.

Rest in peace, Old Man."