Showing posts with label copyright law. Show all posts
Showing posts with label copyright law. Show all posts

Wednesday, June 25, 2025

Judge dismisses authors’ copyright lawsuit against Meta over AI training; AP, June 25, 2025

 MATT O’BRIEN AND BARBARA ORTUTAY, AP; Judge dismisses authors’ copyright lawsuit against Meta over AI training

"Although Meta prevailed in its request to dismiss the case, it could turn out to be a pyrrhic victory. In his 40-page ruling, Chhabria repeatedly indicated reasons to believe that Meta and other AI companies have turned into serial copyright infringers as they train their technology on books and other works created by humans, and seemed to be inviting other authors to bring cases to his court presented in a manner that would allow them to proceed to trial.

The judge scoffed at arguments that requiring AI companies to adhere to decades-old copyright laws would slow down advances in a crucial technology at a pivotal time. “These products are expected to generate billions, even trillions of dollars for the companies that are developing them. If using copyrighted works to train the models is as necessary as the companies say, they will figure out a way to compensate copyright holders for it.”

Tuesday, June 24, 2025

Anthropic’s AI copyright ‘win’ is more complicated than it looks; Fast Company, June 24, 2025

CHRIS STOKEL-WALKER, Fast Company;Anthropic’s AI copyright ‘win’ is more complicated than it looks

"And that’s the catch: This wasn’t an unvarnished win for Anthropic. Like other tech companies, Anthropic allegedly sourced training materials from piracy sites for ease—a fact that clearly troubled the court. “This order doubts that any accused infringer could ever meet its burden of explaining why downloading source copies from pirate sites that it could have purchased or otherwise accessed lawfully was itself reasonably necessary to any subsequent fair use,” Alsup wrote, referring to Anthropic’s alleged pirating of more than 7 million books.

That alone could carry billions in liability, with statutory damages starting at $750 per book—a trial on that issue is still to come.

So while tech companies may still claim victory (with some justification, given the fair use precedent), the same ruling also implies that companies will need to pay substantial sums to legally obtain training materials. OpenAI, for its part, has in the past argued that licensing all the copyrighted material needed to train its models would be practically impossible.

Joanna Bryson, a professor of AI ethics at the Hertie School in Berlin, says the ruling is “absolutely not” a blanket win for tech companies. “First of all, it’s not the Supreme Court. Secondly, it’s only one jurisdiction: The U.S.,” she says. “I think they don’t entirely have purchase over this thing about whether or not it was transformative in the sense of changing Claude’s output.”"

The copyright war between the AI industry and creatives; Financial Times, June 23, 2025

 , Financial Times ; The copyright war between the AI industry and creatives

"One is that the government itself estimates that “creative industries generated £126bn in gross value added to the economy [5 per cent of GDP] and employed 2.4 million people in 2022”. It is at the very least an open question whether the value added of the AI industry will ever be of a comparable scale in this country. Another is that the creative industries represent much of the best of what the UK and indeed humanity does. The idea of handing over its output for free is abhorrent...

Interestingly, for much of the 19th century, the US did not recognise international copyright at all in its domestic law. Anthony Trollope himself complained fiercely about the theft of the copyright over his books."

Anthropic wins key US ruling on AI training in authors' copyright lawsuit; Reuters, June 24, 2025

, Reuters; Anthropic wins key US ruling on AI training in authors' copyright lawsuit

 "A federal judge in San Francisco ruled late on Monday that Anthropic's use of books without permission to train its artificial intelligence system was legal under U.S. copyright law.

Siding with tech companies on a pivotal question for the AI industry, U.S. District Judge William Alsup said Anthropic made "fair use" of books by writers Andrea Bartz, Charles Graeber and Kirk Wallace Johnson to train its Claude large language model.

Alsup also said, however, that Anthropic's copying and storage of more than 7 million pirated books in a "central library" infringed the authors' copyrights and was not fair use. The judge has ordered a trial in December to determine how much Anthropic owes for the infringement."

Study: Meta AI model can reproduce almost half of Harry Potter book; Ars Technica, June 20, 2025

TIMOTHY B. LEE  , Ars Techcnica; Study: Meta AI model can reproduce almost half of Harry Potter book

"In recent years, numerous plaintiffs—including publishers of books, newspapers, computer code, and photographs—have sued AI companies for training models using copyrighted material. A key question in all of these lawsuits has been how easily AI models produce verbatim excerpts from the plaintiffs’ copyrighted content.

For example, in its December 2023 lawsuit against OpenAI, The New York Times Company produced dozens of examples where GPT-4 exactly reproduced significant passages from Times stories. In its response, OpenAI described this as a “fringe behavior” and a “problem that researchers at OpenAI and elsewhere work hard to address.”

But is it actually a fringe behavior? And have leading AI companies addressed it? New research—focusing on books rather than newspaper articles and on different companies—provides surprising insights into this question. Some of the findings should bolster plaintiffs’ arguments, while others may be more helpful to defendants.

The paper was published last month by a team of computer scientists and legal scholars from Stanford, Cornell, and West Virginia University. They studied whether five popular open-weight models—three from Meta and one each from Microsoft and EleutherAI—were able to reproduce text from Books3, a collection of books that is widely used to train LLMs. Many of the books are still under copyright."

Wednesday, June 18, 2025

AI copyright anxiety will hold back creativity; MIT Technology Review, June 17, 2025

 

, MIT Technology Review; AI copyright anxiety will hold back creativity

"Who, exactly, owns the outputs of a generative model? The user who crafted the prompt? The developer who built the model? The artists whose works were ingested to train it? Will the social forces that shape artistic standing—critics, curators, tastemakers—still hold sway? Or will a new, AI-era hierarchy emerge? If every artist has always borrowed from others, is AI’s generative recombination really so different? And in such a litigious culture, how long can copyright law hold its current form? The US Copyright Office has begun to tackle the thorny issues of ownership and says that generative outputs can be copyrighted if they are sufficiently human-authored. But it is playing catch-up in a rapidly evolving field.

Different industries are responding in different ways...

I don’t consider this essay to be great art. But I should be transparent: I relied extensively on ChatGPT while drafting it...

Many people today remain uneasy about using these tools. They worry it’s cheating, or feel embarrassed to admit that they’ve sought such help...

I recognize the counterargument, notably put forward by Nicholas Thompson, CEO of the Atlantic: that content produced with AI assistance should not be eligible for copyright protection, because it blurs the boundaries of authorship. I understand the instinct. AI recombines vast corpora of preexisting work, and the results can feel derivative or machine-like.

But when I reflect on the history of creativity—van Gogh reworking Eisen, Dalí channeling Bruegel, Sheeran defending common musical DNA—I’m reminded that recombination has always been central to creation. The economist Joseph Schumpeter famously wrote that innovation is less about invention than “the novel reassembly of existing ideas.” If we tried to trace and assign ownership to every prior influence, we’d grind creativity to a halt." 

Saturday, June 14, 2025

What Swift fan accounts should know about copyright after Barstool's 'Taylor Watch' canceled; USA TODAY, June 12, 2025

Bryan WestNashville Tennessean, USA TODAY; What Swift fan accounts should know about copyright after Barstool's 'Taylor Watch' canceled

""'Taylor Watch' is canceled," Keegs said on the 150th episode, "because having a music related podcast or something that can toe the line with lawsuits in general where it comes to music rights, whatever, is just not feasible with Barstool Sports at this time."

One underlying issue lies in copyrighted photos, videos and music being used on social media. Several posts potentially opened parent company Barstool Sports to lawsuits, and the podcasters had two options: to cancel "Taylor Watch" or be fired."

Friday, June 13, 2025

How Disney’s AI lawsuit could shift the future of entertainment; The Washington Post, June 11, 2025

 

, The Washington Post ; How Disney’s AI lawsuit could shift the future of entertainment

"The battle over the future of AI-generated content escalated on Wednesday as two Hollywood titans sued a fast-growing AI start-up for copyright infringement.

Disney and Universal, whose entertainment empires include Pixar, Star Wars, Marvel and Despicable Me, sued Midjourney, claiming it wrongfully trained its image-generating AI models on the studios’ intellectual property.

They are the first major Hollywood studios to file copyright infringement lawsuits, marking a pivotal moment in the ongoing fight by artists, newspapers and content makers to stop AI firms from using their work as training data — or at least make them pay for it."

Thursday, June 12, 2025

In first-of-its-kind lawsuit, Hollywood giants sue AI firm for copyright infringement; NPR, June 12, 2025

 , NPR; In first-of-its-kind lawsuit, Hollywood giants sue AI firm for copyright infringement

"n a first-of-its-kind lawsuit, entertainment companies Disney and Universal are suing AI firm Midjourney for copyright infringement.

The 110-page lawsuit, filed Wednesday in a U.S. district court in Los Angeles, includes detailed appendices illustrating the plaintiffs' claims with visual examples and alleges that Midjourney stole "countless" copyrighted works to train its AI engine in the creation of AI-generated images."

Wednesday, June 11, 2025

Disney, Universal File First Major Studio Lawsuit Against AI Company, Sue Midjourney for Copyright Infringement: ‘This Is Theft’; Variety, June 11, 2025

 Todd Spangler, Variety; Disney, Universal File First Major Studio Lawsuit Against AI Company, Sue Midjourney for Copyright Infringement: ‘This Is Theft’

"Disney and NBCU filed a federal lawsuit Tuesday against Midjourney, a generative AI start-up, alleging copyright infringement. The companies alleged that Midjourney’s own website “displays hundreds, if not thousands, of images generated by its Image Service at the request of its subscribers that infringe Plaintiffs’ Copyrighted Works.”

A copy of the lawsuit is at this link...

Disney and NBCU’s lawsuit includes images alleged to be examples of instances of Midjourney’s infringement. Those include an image of Marvel’s Deadpool and Wolverine (pictured above), Iron Man, Spider-Man, the Hulk and more; Star Wars’ Darth Vader, Yoda, R2-D2, C-3PO and Chewbacca; Disney’s Princess Elsa and Olaf from “Frozen”; characters from “The Simpsons”; Pixar’s Buzz Lightyear from “Toy Story” and Lightning McQueen from “Cars”; DreamWorks’ “How to Train Your Dragon”; and Universal‘s “Shrek” and the yellow Minions from the “Despicable Me” film franchise."

Tuesday, June 10, 2025

Getty Images Faces Off Against Stability in Court as First Major AI Copyright Trial Begins; PetaPixel, June 10, 2025

Matt Growcoot , PetaPixel; Getty Images Faces Off Against Stability in Court as First Major AI Copyright Trial Begins

"The Guardian notes that the trial will focus on specific photos taken by famous photographers. Getty plans to bring up photos of the Chicago Cubs taken by sports photographer Gregory Shamus and photos of film director Christopher Nolan taken by Andreas Rentz. 

All-in-all, 78,000 pages of evidence have been disclosed for the case and AI experts are being called in to give testimonies. Getty is also suing Stability AI in the United States in a parallel case. The trial in London is expected to run for three weeks and will be followed by a written decision from the judge at a later date."

Monday, June 9, 2025

Newsmaker: Brewster Kahle; American Libraries, June 4, 2025

 Anne Ford, American Libraries; Newsmaker: Brewster Kahle

"How has the work of the Internet Archive been affected since Trump took office?

Well, the biggest effect has been getting a lot of attention for what we do. We spend a lot of time on Democracy’s Library, which is a name for collecting all the born-digital and digitized publications of government at the federal, state, and municipal levels. There’s been so much attention about all of the [digital] takedowns that we’ve received lots and lots of volunteer help toward collecting not only web assets but also databases that are being removed from government websites. It’s all hands on deck.

And you just launched a new YouTube channel.

Yes, we unveiled our next-generation microfiche scanning as part of our Democracy’s Library project, because a lot of .gov sites are on microfiche, and people don’t want to use microfiche anymore. Fortunately, the US government in its early era was pro–access to information and made government documents public domain. So we put out a YouTube livestream of the microfiche being digitized.

What would you like to see libraries and librarians do during this challenging time?

We need libraries to have at least as good rights in the digital world as we have in the physical world. There’s an upcoming website [from the Internet Archive and others] called the Four Digital Rights of Libraries, and that is something libraries can sign onto as institutions. [The website will launch during the Association of European Research Libraries’ LIBER 2025 Conference in Lausanne, Switzerland, July 2-4.]

People generally don’t know that libraries, in this digital era, are prevented from buying any ebooks or MP3s. They are not allowed by the publishers to have them. They spend and spend and spend, but they don’t end up owning anything. They’re not building collections. So the publishers can change or delete anything at any time, and they do. In their dream case, libraries will never own anything ever again. This is a structural attack on libraries. You don’t need to be a deep historian to know what happens to libraries. They’re actively destroyed by the powerful.

So let’s spend [our collection budgets] buying ebooks, buying music, buying material from small publishers or anybody [else] that will actually sell to us. Make it so we are building our own collections, not this licensing thing where these books disappear.

That’s a big ask. But the great thing about that will be that our libraries start buying things from small publishers, where most of the money goes back to the authors, not stopping with the big multinational publishers. Let’s build a system that works for more players than just big corporations that make a habit of suing libraries."

Getty argues its landmark UK copyright case does not threaten AI; Reuters, June 9, 2025

, Reuters; Getty argues its landmark UK copyright case does not threaten AI

 "Getty Images' landmark copyright lawsuit against artificial intelligence company Stability AI began at London's High Court on Monday, with Getty rejecting Stability AI's contention the case posed a threat to the generative AI industry.

Seattle-based Getty, which produces editorial content and creative stock images and video, accuses Stability AI of using its images to "train" its Stable Diffusion system, which can generate images from text inputs...

Creative industries are grappling with the legal and ethical implications of AI models that can produce their own work after being trained on existing material. Prominent figures including Elton John have called for greater protections for artists.

Lawyers say Getty's case will have a major impact on the law, as well as potentially informing government policy on copyright protections relating to AI."

Friday, June 6, 2025

AI firms say they can’t respect copyright. These researchers tried.; The Washington Post, June 5, 2025

Analysis by  

with research by 
, The Washington Post; AI firms say they can’t respect copyright. These researchers tried.

"A group of more than two dozen AI researchers have found that they could build a massive eight-terabyte dataset using only text that was openly licensed or in public domain. They tested the dataset quality by using it to train a 7 billion parameter language model, which performed about as well as comparable industry efforts, such as Llama 2-7Bwhich Meta released in 2023.

paper published Thursday detailing their effort also reveals that the process was painstaking, arduous and impossible to fully automate.

The group built an AI model that is significantly smaller than the latest offered by OpenAI’s ChatGPT or Google’s Gemini, but their findings appear to represent the biggest, most transparent and rigorous effort yet to demonstrate a different way of building popular AI tools.

That could have implications for the policy debate swirling around AI and copyright.

The paper itself does not take a position on whether scraping text to train AI is fair use.

That debate has reignited in recent weeks with a high-profile lawsuit and dramatic turns around copyright law and enforcement in both the U.S. and U.K."

 

The U.S. Copyright Office used to be fairly low-drama. Not anymore; NPR, June 6, 2025

, NPR ; The U.S. Copyright Office used to be fairly low-drama. Not anymore

"The U.S. Copyright Office is normally a quiet place. It mostly exists to register materials for copyright and advise members of Congress on copyright issues. Experts and insiders used words like "stable" and "sleepy" to describe the agency. Not anymore...

Inside the AI report

That big bombshell report on generative AI and copyright can be summed up like this – in some instances, using copyrighted material to train AI models could count as fair use. In other cases, it wouldn't.

The conclusion of the report says this: "Various uses of copyrighted works in AI training are likely to be transformative. The extent to which they are fair, however, will depend on what works were used, from what source, for what purpose, and with what controls on the outputs—all of which can affect the market."

"It's very even keeled," said Keith Kupferschmid, CEO of the Copyright Alliance, a group that represents artists and publishers pushing for stronger copyright laws.

Kupferschmid said the report avoids generalizations and takes arguments on a case-by-case basis.

"Perlmutter was beloved, no matter whether you agreed with her or not, because she did the hard work," Kupferschmid said. "She always was very thoughtful and considered all these different viewpoints."

It remains to be seen how the report will be used in the dozens of legal cases over copyright and AI usage."

Thursday, June 5, 2025

Eminem Hits Meta With A Copyright Lawsuit After It Allegedly Misappropriated Hundreds Of His Songs; ABOVE THE LAW, June 4, 2025

 Chris Williams , ABOVE THE LAW; Eminem Hits Meta With A Copyright Lawsuit After It Allegedly Misappropriated Hundreds Of His Songs

"Don’t. Mess. With. Eminem. And if the events are as cut and dried as the complaint makes it seem, Meta is getting off easy with the $109M price tag. Meta of all companies should know that the only thing that can get away with brazenly stealing the work of wealthy hard-working artists without facing legal consequences is AI-scrapping software."

Monday, June 2, 2025

Mike Kelley vs. Trump: The Photo That Could Spark a Presidential Copyright War; Fstoppers, June 1, 2025

, Fstoppers; Mike Kelley vs. Trump: The Photo That Could Spark a Presidential Copyright War

"Your Thoughts?

What do you think will happen to this case when it is filed? Obviously something like this will take years to make its way through the courts, and perhaps Trump will not even be president by the time it makes it to the Federal 9th Circuit Court of Appeals where it will most likely reside. Do you think Mike has a strong enough case for Willful Infringement under statutory infringement or because this is a meme that perhaps originated somewhere else on the internet, could it be viewed as unwilling? Do you think Trump would ever succeed at claiming his posts on Truth Social fall under official acts of a sitting president?"

Sunday, June 1, 2025

U.S. Copyright Office Shocks Big Tech With AI Fair Use Rebuke; Forbes, May 29, 2025

Tor Constantino, MBA

, Forbes; U.S. Copyright Office Shocks Big Tech With AI Fair Use Rebuke

 "The U.S. Copyright Office released its long-awaited report on generative AI training and copyright infringement on May 9, just one day after President Trump abruptly fired Librarian of Congress Carla Hayden. Within 48 hours, Register of Copyrights Shira Perlmutter was also reportedly out, after the agency rushed to publish a “pre-publication version” of its guidance — suggesting urgency, if not outright alarm, within the office.

This timing was no coincidence. “We practitioners were anticipating this report and knew it was being finalized, but its release was a surprise,” said Yelena Ambartsumian, an AI governance and IP lawyer and founder of Ambart Law. “The fact that it dropped as a pre-publication version, the day after the librarian was fired, signals to me that the Copyright Office expected its own leadership to be next.”

At the center of the report is a sharply contested issue: whether using copyrighted works to train AI models qualifies as “fair use.” And the office’s position is a bold departure from the narrative that major AI companies like OpenAI and Google have relied on in court...

The office stopped short of declaring that all AI training is infringement. Instead, it emphasized that each case must be evaluated on its specific facts — a reminder that fair use remains a flexible doctrine, not a blanket permission slip."