Morgan Music, Latin Times; Popular Rock Band Demands Trump's DHS Take Down ICE Video Over Copyright Violation: 'And Go F–k Yourselves'
"It's obvious that you don't respect Copyright Law"
Issues and developments related to IP, AI, and OM. My Bloomsbury book "Ethics, Information, and Technology" will be published in January 2026 and includes chapters on IP, AI, OM, and other emerging technologies (IoT, drones, robots, autonomous vehicles, VR/AR). Preorders are available via this webpage: https://www.bloomsbury.com/us/ethics-information-and-technology-9781440856662/
Morgan Music, Latin Times; Popular Rock Band Demands Trump's DHS Take Down ICE Video Over Copyright Violation: 'And Go F–k Yourselves'
"It's obvious that you don't respect Copyright Law"
Reece Rogers Wired ; Join Our Livestream: Inside the AI Copyright Battles
"WHAT'S GOING ON right now with the copyright battles over artificial intelligence? Many lawsuits regarding generative AI’s training materials were initially filed back in 2023, with decisions just now starting to trickle out. Whether it’s Midjourney generating videos of Disney characters, like Wall-E brandishing a gun, or an exit interview with a top AI lawyer as he left Meta, WIRED senior writer Kate Knibbs has been following this fight for years—and she’s ready to answer your questions.
Bring all your burning questions about the AI copyright battles to WIRED’s next, subscriber-only livestream scheduled for July 16 at 12pm ET / 9am PT, hosted by Reece Rogers with Kate Knibbs. The event will be streamed right here. For subscribers who are not able to join, a replay of the livestream will be available after the event."
Foo Yun Chee, Reuters ; EU's AI code of practice for companies to focus on copyright, safety
"The European Commission on Thursday unveiled a draft code of practice aimed at helping firms comply with the European Union's artificial intelligence rules and focused on copyright-protected content safeguards and measures to mitigate systemic risks.
Signing up to the code, which was drawn up by 13 independent experts, is voluntary, but companies that decline to do so will not benefit from the legal certainty provided to a signatory.
The code is part of the AI rule book, which will come into effect in a staggered manner and will apply to Google owner Alphabet, Facebook owner Meta, OpenAI, Anthropic, Mistral and other companies."
Kent Conrad and Saxby Chambliss , Grand Forks Herald; Viewpoint: Don’t let America’s copyright crackdown hand China global AI leadership
[Kip Currier: The assertion by anti-AI regulation proponents, like the former U.S. congressional authors of this think-piece, that requiring AI tech companies to secure permission and pay for AI training data will kill or hobble U.S. AI entrepreneurship is hyperbolic catastrophizing. AI tech companies can license training data from creators who are willing to participate in licensing frameworks. Such frameworks already exist for music copyrights, for example. AI tech companies just don't want to pay for something if they can get it for free.
AI tech companies would never permit users to scrape up, package, and sell their IP content for free. Copyright holders shouldn't be held to a different standard and be required to let tech companies monetize their IP-protected works without permission and compensation.]
Excerpt]
"If these lawsuits succeed, or if Congress radically rewrites the law, it will become nearly impossible for startups, universities or mid-size firms to develop competitive AI tools."
U.S. Copyright Office; U.S. Copyright Office Announces Webinar on Copyright Essentials for Writers
"The U.S. Copyright Office invites you to register to attend the third session in our Copyright Essentials webinar series. The Plot Thickens: Copyright Essentials for Writers will take place on August 6 at 1:00 p.m. eastern time.
In this session, the Copyright Office will discuss what writers should know about copyright. We will cover information for writers of various literary works—from novels and blogs to poetry, cookbooks, textbooks, and more. The session will also review suitable application options and how our Public Information Office can help you along the way.
Attendees will also learn copyright basics, answers to commonly asked questions, and where to find Copyright Office educational resources.
Speakers:
Prior Copyright Essentials webinars can be viewed on our website:
The Copyright Office strategic goal of Copyright for All means making the copyright system as understandable and accessible to as many members of the public as possible, through initiatives including education and outreach. Sign up to stay updated about future webinars in this series."
Nico Grant and Tripp Mickle, The New York Times; YouTube Pirates Are Cashing In on Hollywood’s Summer Blockbusters
"But the company also had cause to be concerned. In the days after the Disney film’s opening, a pirated version of “Lilo & Stitch” proved to be a hit on YouTube, where more than 200,000 people viewed it, potentially costing Disney millions of dollars in additional sales, according to new research from Adalytics, a firm that analyzes advertising campaigns for brands.
The findings of the research shed new light on the copyright issues that once threatened to upend YouTube’s business. They also show how advertisers have unwittingly supported illicit content on YouTube, and they provide rare data about piracy on the platform."
TORI NOBLE, Electronic Frontier Foundation (EFF); Two Courts Rule On Generative AI and Fair Use — One Gets It Right
"Gen-AI is spurring the kind of tech panics we’ve seen before; then, as now, thoughtful fair use opinions helped ensure that copyright law served innovation and creativity. Gen-AI does raise a host of other serious concerns about fair labor practices and misinformation, but copyright wasn’t designed to address those problems. Trying to force copyright law to play those roles only hurts important and legal uses of this technology.
In keeping with that tradition, courts deciding fair use in other AI copyright cases should look to Bartz, not Kadrey."
Emma Woollacott , Forbes; Cloudflare Sidesteps Copyright Issues, Blocking AI Scrapers By Default
"IT service management company Cloudflare is striking back on behalf of content creators, blocking AI scrapers by default.
Web scrapers are bots that crawl the internet, collecting and cataloguing content of all types, and are used by AI firms to collect material that can be used to train their models.
Now, though, Cloudflare is allowing website owners to choose if they want AI crawlers to access their content, and decide how the AI companies can use it. They can opt to allow crawlers for certain purposes—search, for example—but block others. AI companies will have to obtain explicit permission from a website before scraping."
Jodi Benassi of McDermott Will & Emery , The National Law Review; Fair Use or Foul Play? The AI Fair Use Copyright Line
"Practice note: This is the first federal court decision analyzing the defense of fair use of copyrighted material to train generative AI. Two days after this decision issued, another Northern District of California judge ruled in Kadrey et al. v. Meta Platforms Inc. et al., Case No. 3:23-cv-03417, and concluded that the AI technology at issue in his case was transformative. However, the basis for his ruling in favor of Meta on the question of fair use was not transformation, but the plaintiffs’ failure “to present meaningful evidence that Meta’s use of their works to create [a generative AI engine] impacted the market” for the books."
Alexander Hurst , The Guardian; Eminem, AI and me: why artists need new laws in the digital age
"Song lyrics, my publisher informs me, are subject to notoriously strict copyright enforcement and the cost to buy the rights is often astronomical. Fat chance as well, then, of me quoting Eminem to talk about how Lose Yourself seeped into the psyche of a generation when he rapped: “You only get one shot, do not miss your chance to blow, this opportunity comes once in a lifetime.”
Oh would it be different if I were an AI company with a large language model (LLM), though. I could scrape from the complete discography of the National and Eminem, and the lyrics of every other song ever written. Then, when a user prompted something like, “write a rap in the style of Eminem about losing money, and draw inspiration from the National’s Bloodbuzz Ohio”, my word correlation program – with hundreds of millions of paying customers and a market capitalisation worth tens if not hundreds of billions of dollars – could answer:
“I still owe money to the money to the money I owe,
But I spit gold out my throat when I flow,
So go tell the bank they can take what they like
I already gave my soul to the mic.”
And that, according to rulings last month by the US courts, is somehow “fair use” and is perplexingly not copyright infringement at all, despite no royalties having been paid to anyone in the process."
John Villasenor, Brookings; The problems with California’s pending AI copyright legislation
"California’s pending bill, AB-412, is a well-intentioned but problematic approach to addressing artificial intelligence (AI) and copyright currently moving through the state’s legislature. If enacted into law, it would undermine innovation in generative AI (GenAI) not only in California but also nationally, as it would impose onerous requirements on both in-state and out-of-state developers that make GenAI models available in California.
The extraordinary capabilities of GenAI are made possible by the use of extremely large sets of training data that often include copyrighted content. AB-412 arose from the very reasonable concerns that rights owners have in understanding when and how their content is being used for building GenAI models. But the bill imposes a set of unduly burdensome and unworkable obligations on GenAI developers. It also favors large rights owners, which will be better equipped than small rights owners to pursue the litigation contemplated by the bill."
BY NITISH PAHWA , Slate; The Court Battles That Will Decide if Silicon Valley Can Plunder Your Work
"Last week, two different federal judges in the Northern District of California made legal rulings that attempt to resolve one of the knottiest debates in the artificial intelligence world: whether it’s a copyright violation for Big Tech firms to use published books for training generative bots like ChatGPT. Unfortunately for the many authors who’ve brought lawsuits with this argument, neither decision favors their case—at least, not for now. And that means creators in all fields may not be able to stop A.I. companies from using their work however they please...
What if these copyright battles are also lost? Then there will be little in the way of stopping A.I. startups from utilizing all creative works for their own purposes, with no consideration as to the artists and writers who actually put in the work. And we will have a world blessed less with human creativity than one overrun by second-rate slop that crushes the careers of the people whose imaginations made that A.I. so potent to begin with."
Blake Montgomery , The Guardian; AI companies start winning the copyright fight
"The lawsuits over AI-generated text were filed first, and, as their rulings emerge, the next question in the copyright fight is whether decisions about one type of media will apply to the next.
“The specific media involved in the lawsuit – written works versus images versus videos versus audio – will certainly change the fair-use analysis in each case,” said John Strand, a trademark and copyright attorney with the law firm Wolf Greenfield. “The impact on the market for the copyrighted works is becoming a key factor in the fair-use analysis, and the market for books is different than that for movies.”
To Strand, the cases over images seem more favorable to copyright holders, as the AI models are allegedly producing images identical to the copyrighted ones in the training data.
A bizarre and damning fact was revealed in the Anthropic ruling, too: the company had pirated and stored some 7m books to create a training database for its AI. To remediate its wrongdoing, the company bought physical copies and scanned them, digitizing the text. Now the owner of 7m physical books that no longer held any utility for it, Anthropic destroyed them. The company bought the books, diced them up, scanned the text and threw them away, Ars Technica reports. There are less destructive ways to digitize books, but they are slower. The AI industry is here to move fast and break things.
Anthropic laying waste to millions of books presents a crude literalization of the ravenous consumption of content necessary for AI companies to create their products."
THINH H. NGUYEN AND DEREK E. BAMBAUER, The Hill ; The US Copyright Office is wrong about artificial intelligence
"AI is too important to allow copyright to impede its progress, especially as America seeks to maintain its global competitiveness in tech innovation."
Michael Hiltzik , Los Angeles Times; An AI firm won a lawsuit for copyright infringement — but may face a huge bill for piracy
[Kip Currier: Excellent informative overview of some of the principal issues, players, stakes, and recent decisions in the ongoing AI copyright legal battles. Definitely worth 5-10 minutes of your time to read and reflect on.
A key take-away, derived from Judge Vince Chhabria's decision in last week's Meta win, is that:
Artists and authors can win their copyright infringement cases if they produce evidence showing the bots are affecting their market. Chhabria all but pleaded for the plaintiffs to bring some such evidence before him:
“It’s hard to imagine that it can be fair use to use copyrighted books...to make billions or trillions of dollars while enabling the creation of a potentially endless stream of competing works that could significantly harm the market for those books.”
But “the plaintiffs never so much as mentioned it,” he lamented.
[Excerpt]
"Anthropic had to acknowledge a troubling qualification in Alsup’s order, however. Although he found for the company on the copyright issue, he also noted that it had downloaded copies of more than 7 million books from online “shadow libraries,” which included countless copyrighted works, without permission.
That action was “inherently, irredeemably infringing,” Alsup concluded. “We will have a trial on the pirated copies...and the resulting damages,” he advised Anthropic ominously: Piracy on that scale could expose the company to judgments worth untold millions of dollars...
“Neither case is going to be the last word” in the battle between copyright holders and AI developers, says Aaron Moss, a Los Angeles attorney specializing in copyright law. With more than 40 lawsuits on court dockets around the country, he told me, “it’s too early to declare that either side is going to win the ultimate battle.”...
With billions of dollars, even trillions, at stake for AI developers and the artistic community at stake, no one expects the law to be resolved until the issue reaches the Supreme Court, presumably years from now...
But Anthropic also downloaded copies of more than 7 million books from online “shadow libraries,” which include untold copyrighted works without permission.
Alsup wrote that Anthropic “could have purchased books, but it preferred to steal them to avoid ‘legal/practice/business slog,’” Alsup wrote. (He was quoting Anthropic co-founder and CEO Dario Amodei.)...
Artists and authors can win their copyright infringement cases if they produce evidence showing the bots are affecting their market."...
The truth is that the AI camp is just trying to get out of paying for something instead of getting it for free. Never mind the trillions of dollars in revenue they say they expect over the next decade — they claim that licensing will be so expensive it will stop the march of this supposedly historic technology dead in its tracks.
Chhabria aptly called this argument “nonsense.” If using books for training is as valuable as the AI firms say they are, he noted, then surely a market for book licensing will emerge. That is, it will — if the courts don’t give the firms the right to use stolen works without compensation."
Dave Lee , Bloomberg; The Anthropic Copyright Ruling Exposes Blind Spots on AI
[Kip Currier: It's still early days in the AI copyright legal battles underway between AI tech companies and everyone else whose training data was "scarfed up" to enable the former to create lucrative AI tools and products. But cases like this week's Anthropic lawsuit win and another suit won by Meta (with some issues still to be adjudicated regarding the use of pirated materials as AI training data) are finally now giving us some more discernible tea leaves" and "black letter law" as to how courts are likely to rule vis-a-vis AI inputs.
This week being the much ballyhooed 50th anniversary of the so-called "1st summer blockbuster flick" Jaws ("you're gonna need a bigger boat"), these rulings make me think we the public may need a bigger copyright law schema that sets out protections for the creatives making the fuel that enables stratospherically profitable AI innovations. The Jaws metaphor may be a bit on-the-nose, but one can't help but view AI tech companies akin to rapacious sharks that are imperiling the financial survival and long-standing business models of human creators.
As touched on in this Bloomberg article, too, there's a moral argument that what AI tech folks have done with the uncompensated use of creative works, without permission, doesn't mean that it's ethically justifiable simply because a court may say it's legal. Or that these companies shouldn't be required by updated federal copyright legislation and licensing frameworks to fairly compensate creators for the use of their copyrighted works. After all, billionaire tech oligarchs like Zuckerberg, Musk, and Altman would never allow others to do to them what they've done to creatives with impunity and zero contrition.
Are you listening, Congress?
Or are all of you in the pockets of AI tech company lobbyists, rather than representing the needs and interests of all of your constituents and not just the billionaire class.]
[Excerpt]
"In what is shaping up to be a long, hard fight over the use of creative works, round one has gone to the AI makers. In the first such US decision of its kind, District Judge William Alsup said Anthropic’s use of millions of books to train its artificial-intelligence model, without payment to the sources, was legal under copyright law because it was “transformative — spectacularly so.”...
If a precedent has been set, as several observers believe, it stands to cripple one of the few possible AI monetization strategies for rights holders, which is to sell licenses to firms for access to their work. Some of these deals have already been made while the “fair use” question has been in limbo, deals that emerged only after the threat of legal action. This ruling may have just taken future deals off the table...
Alsup was right when he wrote that “the technology at issue was among the most transformative many of us will see in our lifetimes.”...
But that doesn’t mean it shouldn’t pay its way. Nobody would dare suggest Nvidia Corp. CEO Jensen Huang hand out his chips free. No construction worker is asked to keep costs down by building data center walls for nothing. Software engineers aren’t volunteering their time to Meta Platforms Inc. in awe of Mark Zuckerberg’s business plan — they instead command salaries of $100 million and beyond.
Yet, as ever, those in the tech industry have decided that creative works, and those who create them, should be considered of little or no value and must step aside in service of the great calling of AI — despite being every bit as vital to the product as any other factor mentioned above. As science-fiction author Harlan Ellison said in his famous sweary rant, nobody ever wants to pay the writer if they can get away with it. When it comes to AI, paying creators of original work isn’t impossible, it’s just inconvenient. Legislators should leave companies no choice."
"It’s a tumultuous time for copyright in the United States, with dozens of potentially economy-shaking AI copyright lawsuits winding through the courts. It’s also the most turbulent moment in the US Copyright Office’s history. Described as “sleepy” in the past, the Copyright Office has taken on new prominence during the AI boom, issuing key rulings about AI and copyright. It also hasn’t had a leader in more than a month...
As the legality of the ouster is debated, the reality within the office is this: There’s effectively nobody in charge. And without a leader actually showing up at work, the Copyright Office is not totally business-as-usual; in fact, there’s debate over whether the copyright certificates it’s issuing could be challenged."
Miranda Bryant , The Guardian; Denmark to tackle deepfakes by giving people copyright to their own features
"The Danish government is to clamp down on the creation and dissemination of AI-generated deepfakes by changing copyright law to ensure that everybody has the right to their own body, facial features and voice.
The Danish government said on Thursday it would strengthen protection against digital imitations of people’s identities with what it believes to be the first law of its kind in Europe."
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.”
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.”"