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

Wednesday, October 8, 2025

OpenAI wasn’t expecting Sora’s copyright drama; The Verge, October 8, 2025

Hayden Field , The Verge; OpenAI wasn’t expecting Sora’s copyright drama

"When OpenAI released its new AI-generated video app Sora last week, it launched with an opt-out policy for copyright holders — media companies would need to expressly indicate they didn’t want their AI-generated characters running rampant on the app. But after days of Nazi SpongeBob, criminal Pikachu, and Sora-philosophizing Rick and Morty, OpenAI CEO Sam Altman announced the company would reverse course and “let rightsholders decide how to proceed.”

In response to a question about why OpenAI changed its policy, Altman said that it came from speaking with stakeholders and suggested he hadn’t expected the outcry.

“I think the theory of what it was going to feel like to people, and then actually seeing the thing, people had different responses,” Altman said. “It felt more different to images than people expected.”

Sunday, October 5, 2025

OpenAI hastily retreats from gung-ho copyright policy after embarrassing Sora video output like AI Sam Altman surrounded by Pokémon saying 'I hope Nintendo doesn't sue us'; PC Gamer, October 5, 2025

, PC Gamer ; OpenAI hastily retreats from gung-ho copyright policy after embarrassing Sora video output like AI Sam Altman surrounded by Pokémon saying 'I hope Nintendo doesn't sue us'

"This video is just one of many examples, but you'll have a much harder time finding Sora-generated videos containing Marvel or Disney characters. As reported by Automaton, Sora appears to be refusing prompts containing references to American IP, but Japanese IP didn't seem to be getting the same treatment over the past week.

Japanese lawyer and House of Representatives member Akihisa Shiozaki called for action to protect creatives in a post on X (formerly Twitter), which has been translated by Automaton: "I’ve tried out [Sora 2] myself, but I felt that it poses a serious legal and political problem. We need to take immediate action if we want to protect leading Japanese creators and the domestic content industry, and help them further develop. (I wonder why Disney and Marvel characters can’t be displayed).""

Saturday, October 4, 2025

Sam Altman says Sora will add ‘granular,’ opt-in copyright controls; TechCrunch, October 4, 2025

Anthony Ha , TechCrunch; Sam Altman says Sora will add ‘granular,’ opt-in copyright controls

"OpenAI may be reversing course on how it approaches copyright and intellectual property in its new video app Sora.

Prior to Sora’s launch this week, The Wall Street Journal reported that OpenAI had been telling Hollywood studios and agencies that they needed to explicitly opt out if they didn’t want their IP to be included in Sora-generated videos.

Despite being invite-only, the app quickly climbed to the top of the App Store charts. Sora’s most distinctive feature may be its “cameos,” where users can upload their biometric data to see their digital likeness featured in AI-generated videos.

At the same time, users also seem to delight in flouting copyright laws by creating videos with popular, studio-owned characters. In some cases, those characters might even criticize the company’s approach to copyright, for example in videos where Pikachu and SpongeBob interact with deepfakes of OpenAI CEO Sam Altman.

In a blog post published Friday, Altman said the company is already planning two changes to Sora, first by giving copyright holders “more granular control over generation of characters, similar to the opt-in model for likeness but with additional controls.”"

Thursday, October 2, 2025

Harvard Professors May Be Eligible for Payments in $1.5 Billion AI Copyright Settlement; The Harvard Crimson, October 1, 2025

Victoria D. Rengel, The Harvard Crimson;  Harvard Professors May Be Eligible for Payments in $1.5 Billion AI Copyright Settlement

"Following mediation, the plaintiffs and defendants filed a motion for the preliminary approval of a settlement on Sept. 5, which included an agreement from Anthropic that it will destroy its pirated databases and pay $1.5 billion in damages to a group of authors and publishers.

On Sept. 25, a California federal judge granted preliminary approval for a settlement, the largest in the history of copyright cases in the U.S.

Each member of the class will receive a payment of approximately $3,000 per pirated work.

Authors whose works are in the databases are not notified separately, but instead must submit their contact information to receive a formal notice of the class action — meaning a number of authors, including many Harvard professors, may be unaware that their works were pirated by Anthropic.

Lynch said Anthropic’s nonconsensual use of her work undermines the purpose behind why she, and other scholars, write and publish their work.

“All of us at Harvard publish, but we thought when we were publishing that we are doing that — to communicate to other human beings,” she said. “Not to be fed into this mill.”"

Wednesday, October 1, 2025

Disney Sends Cease And Desist Letter To Character.ai For Copyright Infringement As Studios Move To Protect IP; Deadline, September 30, 2025

Jill Goldsmith, Deadline; Disney Sends Cease And Desist Letter To Character.ai For Copyright Infringement As Studios Move To Protect IP

"Walt Disney sent a cease-and-desist letter to Character.AI, a “personalized superintelligence platform” that the media giant says is ripping off copyrighted characters without authorization.

The AI startup offers users the ability to create customizable, personalized AI companions that can be totally original but in some cases are inspired by existing characters, including, it seems, Disney icons from Spider-Man and Darth Vader to Moana and Elsa.

The letter is the latest legal salvo by Hollywood as studios begin to step up against AI. Disney has also sued AI company Midjourney for allegedly improper use and distribution of AI-generated characters from Disney films. Disney, Warner Bros. and Universal Pictures this month sued Chinese AI firm MiniMax for copyright infringement."

Tuesday, September 30, 2025

The fanfiction written on a notes app that’s become a bestseller – with a seven-figure film deal; The Guardian, September 29, 2025

The Guardian; The fanfiction written on a notes app that’s become a bestseller – with a seven-figure film deal

"How does a first-time novelist get out of the starting blocks quite like that? The thing is, the author behind the doorstopper dark fantasy novel, Alchemised, is no unknown debut: SenLinYu, 34, started off writing Harry Potter fanfiction that blew up online during the pandemic, racking up more than 20m downloads. Sen’s Draco and Hermione (“Dramione”) fanfic, heavily inspired by The Handmaid’s Tale, has now been rewritten – with third-party IP necessarily removed – and published traditionally as Alchemised. But if you didn’t know about Alchemised’s origins, you would be unlikely to clock them: even squinting, it’s hard to see any trace of Harry Potter in the revamped version, set in a different world and magic system...

Sen began rewriting Manacled around Christmas 2022, and as they were finishing up, they were approached by a literary agency. Stripping away the Harry Potter and overt Handmaid’s Tale references was not “in any way pleasant”, or something they would ever want to do again. “I would rather be shot,” Sen told their Tumblr followers last year. They described the process as taking two 5,000-piece jigsaw puzzles and “having to use both to build a new puzzle that somehow makes sense. Do not recommend. I also had to scrap and build from scratch an entirely new healing and medicine system and it was literally traumatic.”"

OpenAI's new Sora video generator to require copyright holders to opt out, WSJ reports; Reuters, September 29, 2025

Reuters; OpenAI's new Sora video generator to require copyright holders to opt out, WSJ reports

"OpenAI is planning to release a new version of its Sora generator that creates videos featuring copyrighted material, unless rights holders opt out of having their work appear, the Wall Street Journal reported on Monday, citing people familiar with the matter.

The artificial intelligence startup began notifying talent agencies and studios over the past week about the opt-out process and the product, which it plans to release in the coming days, the report said.

The new process would mean movie studios and other intellectual property owners would have to explicitly ask OpenAI not to include their copyrighted material in videos Sora creates, according to the report."

Monday, September 29, 2025

In the fight over AI, copyright is America’s competitive weapon; The Hill, September 29, 2025

In the fight over AI, copyright is America’s competitive weapon, The Hill; In the fight over AI, copyright is America’s competitive weapon


"On Monday, a new $100 million super-PAC network, Leading the Future, was introduced to shape artificial intelligence policy in next year’s elections. The group says it will fight for sensible guardrails on AI while pushing back against efforts it believes could slow AI development.

But if Leading the Future is to live up to its name, it must avoid an easy trap: framing copyright protections as an obstacle to American AI competitiveness."

I Sued Anthropic, and the Unthinkable Happened; The New York Times, September 29, 2025

 , The New York Times; I Sued Anthropic, and the Unthinkable Happened

"In August 2024, I became one of three named plaintiffs leading a class-action lawsuit against the A.I. company Anthropic for pirating my books and hundreds of thousands of other books to train its A.I. The fight felt daunting, almost preposterous: me — a queer, female thriller writer — versus a company now worth $183 billion?

Thanks to the relentless work of everyone on my legal team, the unthinkable happened: Anthropic agreed to pay authors and publishers $1.5 billion in the largest copyright settlement in history. A federal judge preliminarily approved the agreement last week.

This settlement sends a clear message to the Big Tech companies splashing generative A.I. over every app and page and program: You are not above the law. And it should signal to consumers everywhere that A.I. isn’t an unstoppable tsunami about to overwhelm us. Now is the time for ordinary Americans to recognize our agency and act to put in place the guardrails we want.

The settlement isn’t perfect. It’s absurd that it took an army of lawyers to demonstrate what any 10-year-old knows is true: Thou shalt not steal. At around $3,000 per work, shared by the author and publisher, the damages are far from life-changing (and, some argue, a slap on the wrist for a company flush with cash). I also disagree with the judge’s ruling that, had Anthropic acquired the books legally, training its chatbot on them would have been “fair use.” I write my novels to engage human minds — not to empower an algorithm to mimic my voice and spit out commodity knockoffs to compete directly against my originals in the marketplace, nor to make that algorithm’s creators unfathomably wealthy and powerful.

But as my fellow plaintiff Kirk Wallace Johnson put it, this is “the beginning of a fight on behalf of humans that don’t believe we have to sacrifice everything on the altar of A.I.” Anthropic will destroy its trove of illegally downloaded books; its competitors should take heed to get out of the business of piracy as well. Dozens of A.I. copyright lawsuits have been filed against OpenAI, Microsoft and other companies, led in part by Sylvia Day, Jonathan Franzen, David Baldacci, John Grisham, Stacy Schiff and George R. R. Martin. (The New York Times has also brought a suit against OpenAI and Microsoft.)

Though a settlement isn’t legal precedent, Bartz v. Anthropic may serve as a test case for other A.I. lawsuits, the first domino to fall in an industry whose “move fast, break things” modus operandi led to large-scale theft. Among the plaintiffs of other cases are voice actors, visual artists, record labels, YouTubers, media companies and stock-photo libraries, diverse stakeholders who’ve watched Big Tech encroach on their territory with little regard for copyright law...

Now the book publishing industry has sent a message to all A.I. companies: Our intellectual property isn’t yours for the taking, and you cannot act with impunity. This settlement is an opening gambit in a critical battle that will be waged for years to come."

Sunday, September 28, 2025

Morgan & Morgan takes Disney to court over rights to feature ‘Steamboat Willie’ in law firm ads; News6, September 17, 2025

 Phil Landeros , News6; Morgan & Morgan takes Disney to court over rights to feature ‘Steamboat Willie’ in law firm ads

"Morgan & Morgan, Florida’s largest law firm, has filed a lawsuit asking a judge to declare the law firm’s planned use of the iconic film in an ad is protected against trademark claims from Disney. Steamboat Willie entered the public domain on Jan. 1, 2024, when Disney’s copyright protection expired.

The proposed ad depicts Mickey Mouse in a boat collision with a car, after which the driver seeks legal representation from Morgan & Morgan. According to the filing, before moving forward with the advertisement, the law firm sought assurance from Disney that the commercial wouldn’t trigger legal action. The filing said Disney would not comply."

Thursday, September 25, 2025

Content Creators Want Congress To Revamp Decades-Old Copyright Law; Inc., September 25, 2025

BEN BUTLER , Inc., Content Creators Want Congress To Revamp Decades-Old Copyright Law

"“There’s a growing practice of using the [Digital Millennium Copyright Act] takedown tools built into platforms to restrict and shut down competition [which] are considered traditionally unfair trade practices,” Kayla Morán, a lawyer specializing in trademark and contract law, said last week during a hearing examining content creators and entrepreneurship before the House Committee on Small Business...

As content creation becomes more lucrative, creators can protect their IP by filing as LLCs, Morán said, shifting the liability from the person to the business. LLCs protect business assets from the owner of the business, creating a distinction between the two. Social media accounts can be protected as business assets, thus giving creators more legal protections if a podcast name gets stolen, for example, or in cases of impersonation.

But filing as an LLC as opposed to being a sole proprietorship requires registration fees and higher costs, which vary by state. And filing as an LLC doesn’t prevent the IP from being stolen, it would protect it from being pursued as an asset in a personal lawsuit against the creator. 

Morán and Christina Brennan, who runs a social media management company, said entrepreneurs they work with don’t have the knowledge of contract law and how taxes on social media earnings work.

One way to help bridge the disconnect, Morán suggests, would be for the Small Business Administration to provide guidance, plus access to lawyers that can advise on common challenges that bubble up for content creators, like with protecting IP."

Gotta Deport ‘Em All? How Should Nintendo Respond To Immigrant-Hunting Social Media Post From DHS?; Above The Law, September 24, 2025

Steven Chung , Above The Law; Gotta Deport ‘Em All? How Should Nintendo Respond To Immigrant-Hunting Social Media Post From DHS?

"Last Monday, the Department of Homeland Security (DHS) posted a one-minute video on X (formerly Twitter) and other social media platforms, splicing together clips from the Pokémon anime intro with footage of border patrol agents arresting individuals, all set to the first season’s theme song.

The post’s caption was the famous tagline “Gotta Catch ‘Em All!” At the video’s end, it displayed Pokémon cards featuring photos of convicted criminals facing potential deportation...

Reactions were sharply divided: some users found it hilarious and praised its creativity, while others condemned it as dehumanizing and inappropriate, especially for using a children’s franchise to promote immigration enforcement.

Commenters from both sides speculated on how Nintendo would respond, given the company’s reputation for aggressively enforcing its intellectual property rights — evidenced by actions like issuing DMCA takedowns against over 8,500 GitHub repositories for the Yuzu emulator in 2024 and targeting hundreds of fan games on platforms like Game Jolt in multiple waves since 2016. As of now, Nintendo and The Pokémon Company have not issued any public statement on the matter, despite requests for comment from media outlets. However, Nintendo has at least three viable options."


Wednesday, September 24, 2025

Copyright and AI: Controlling Rights and Managing Risks; Morgan Lewis, September 23, 2025

 JOSHUA M. DALTON, Partner, BostonCOLLEEN GANIN, Partner, New YorkMICHAEL R. PFEUFFER, Senior Attorney, Pittsburgh, Morgan Lewis; Copyright and AI: Controlling Rights and Managing Risks

"The law on copyright and AI is still developing, with courts and policymakers testing the limits of authorship, infringement, and fair use. Companies should expect continued uncertainty and rapid change in this space."

Tuesday, September 23, 2025

Screw the money — Anthropic’s $1.5B copyright settlement sucks for writers; TechCrunch, September 5, 2025

Amanda Silberling , TechCrunch; Screw the money — Anthropic’s $1.5B copyright settlement sucks for writers

"But writers aren’t getting this settlement because their work was fed to an AI — this is just a costly slap on the wrist for Anthropic, a company that just raised another $13 billion, because it illegally downloaded books instead of buying them.

In June, federal judge William Alsup sided with Anthropic and ruled that it is, indeed, legal to train AI on copyrighted material. The judge argues that this use case is “transformative” enough to be protected by the fair use doctrine, a carve-out of copyright law that hasn’t been updated since 1976.

“Like any reader aspiring to be a writer, Anthropic’s LLMs trained upon works not to race ahead and replicate or supplant them — but to turn a hard corner and create something different,” the judge said.

It was the piracy — not the AI training — that moved Judge Alsup to bring the case to trial, but with Anthropic’s settlement, a trial is no longer necessary."

Friday, September 19, 2025

The 18th-century legal case that changed the face of music copyright law; WIPO Magazine, September 18, 2025

 Eyal Brook, Partner, Head of Artificial Intelligence, S. Horowitz & Co , WIPO Magazine;The 18th-century legal case that changed the face of music copyright law

"As we stand at the threshold of the AI revolution in music creation, perhaps the most valuable lesson from this history is not any particular legal doctrine but rather the recognition that our conceptions of musical works and authorship are not fixed but evolving.

Imagine what would have happened had Berne negotiators decided to define the term in 1886. The “musical work” as a legal concept was born from Johann Christian Bach’s determination to assert his creative rights – and it continues to transform with each new technological development and artistic innovation.

The challenge for copyright law in the 21st century is to keep fulfilling copyright’s fundamental purpose: to recognize and reward human creativity in all its forms. This will require not just legal ingenuity but also a willingness to reconsider our most basic assumptions about what music is and how it comes into being.

Bach’s legacy, then, is not just the precedent that he established but the ongoing conversation he initiated – an unfinished symphony of legal thought that continues to evolve with each new technological revolution and artistic movement.

As we face the challenges of AI and whatever technologies may follow, we would do well to remember that the questions we ask today about ownership and creativity echo those first raised in a London courtroom almost 250 years ago by a composer determined to claim what he believed was rightfully his."

Five Copyright Office Resources You May Not Know Exist; Library of Congress Blogs, September 19, 2025

Ashley Tucker , Library of Congress Blogs, Copyright Creativity at Work; Five Copyright Office Resources You May Not Know Exist

"The U.S. Copyright Office provides a wide range of resources to support creators, educators, and other copyright users, but some of the most valuable tools can fly under the radar. Here are five lesser-known Office resources that can help you better understand, register, and manage your creative works."

Thursday, September 18, 2025

Trump Seeks Full Court Rehearing on Copyright Chief Perlmutter; Bloomberg Law, September 18, 2025

, Bloomberg Law; Trump Seeks Full Court Rehearing on Copyright Chief Perlmutter

"The Trump Administration asked the full D.C. Circuit to rehear a successful bid by Shira Perlmutter to be temporarily restored as the head of the US Copyright Office."

Sunday, September 14, 2025

Protecting Your Intellectual Property: What You Need to Know About Copyright; Science Fiction & Fantasy Writers Association (SFWA), September 11, 2025

Victoria Strauss of Writer Beware®, Science Fiction & Fantasy Writers Association (SFWA) ; Protecting Your Intellectual Property: What You Need to Know About Copyright

"Copyright is a complex subject about which there are many misconceptions.

I was reminded of that this week, thanks to an email from an author who discovered that several of their books were included in one of the databases of pirated works used by the AI company Anthropic for AI training. The author wanted to know whether they were eligible to be part of the gigantic $1.5 billion settlement Anthropic has agreed to pay to compensate writers for its misuse of their intellectual property. (You can read more about the lawsuit, and the settlement, here.)

One of the criteria for eligibility, set by the court, is that copyrights to the pirated works must have been properly registered with the US Copyright Office before Anthropic downloaded the databases. And indeed, the author’s books were all registered in a timely manner…but not with the Copyright Office. Instead, the author used a website called Copyrighted.com, which offers a kind of faux registration using timestamps and its own certificates.

I had to tell the author that no, they weren’t eligible for compensation for their pirated books. In the United States, there’s no equivalent or substitute for the US Copyright Office’s official registration process. The author couldn’t even use the materials they’d gotten from Coprighted.com as prima facie evidence of copyright ownership. Again, only official registration provides that.

In this article, I’m going to cover the basics of copyright, offer some warnings, and dispel some myths. I know that much of what follows will be familiar to a lot of readers—but as the example above shows, knowledge gaps not only exist, but can be damaging…and as always in the writing biz, knowledge is your greatest ally and your best defense. I hope even the most copyright-savvy readers will find something useful here."

Saturday, September 13, 2025

Is ‘The Pitt’ Really an ‘ER’ Spinoff? Michael Crichton’s Estate Says It Is.; The New York Times, September 12, 2025

, The New York Times ; Is ‘The Pitt’ Really an ‘ER’ Spinoff? Michael Crichton’s Estate Says It Is.

The estate of the best-selling author, which has intellectual property rights to “ER,” and the creators of the new hit TV show are waging a legal battle over whether it’s a stealth reboot.

"On Nov. 4, the defendants asked the court to dismiss the complaint, citing their constitutional free speech rights and arguing that “The Pitt” is not a derivative work of “ER.” They emphasized that the new series is about the post-Covid world, reminding the judge that it deals with events that arose after Mr. Crichton’s death...

Rewatching “ER” through the lens of the lawsuit — as a jury might be asked to — can be a strange experience. Is the struggle over whether to put a dying elderly patient onto a ventilator a distinct plot point (this would support Team Crichton) or an everyday tragedy in a large urban hospital (Team Pitt)?

“‘The Pitt’ has no connection to ‘ER’ — it does not use ‘ER’’s intellectual property, characters, plot, setting or narrative pacing,” the defendants said. “While both series are medical dramas set in a hospital, this concept is hardly unique.” They name-checked “Grey’s Anatomy,” “Chicago Med,” “House” and “The Good Doctor.”...

The case “could serve as a model for how to figure out how much things are worth in the streaming space,” said Jennifer Porst, a professor of media industry studies at Emory University in Atlanta."


Perplexity's definition of copyright gets it sued by the dictionary; Engadget, September 11, 2025

 Anna Washenko, Engadget; Perplexity's definition of copyright gets it sued by the dictionary

"Merriam-Webster and its parent company Encyclopedia Britannica are the latest to take on AI in court. The plaintiffs have sued Perplexity, claiming that AI company's "answer engine" product unlawfully copies their copyrighted materials. They are also alleging copyright infringement for instances where Perplexity's AI creates false or inaccurate hallucinations that it then wrongly attributes to Britannica or Merriam-Webster. The complaint, filed in New York federal court, is seeking unspecified monetary damages and an order that blocks Perplexity from misusing their content."