Creatives Battling AI Companies Over Copyright Turn to Congress; Bloomberg Law, January 29, 2024

Isaiah Poritz, Legal Reporter; Diego Areas Munhoz 

Reporter, Bloomberg Law ; Creatives Battling AI Companies Over Copyright Turn to Congress

"In 1908, the Supreme Court ruled that “piano rolls,” a new and increasingly popular technology that automatically played songs without a human musician, didn’t violate copyright law—a blow to the music industry. Songwriters and composers felt their livelihoods threatened but had no grounds to demand royalties from piano-roll makers that copied their sheet music.

That was until Congress stepped in the following year, amending the law to address piano rolls and ensure musicians were paid royalties.

More than a century later, musicians—along with other creatives—are yet again fearful an emerging technology could disrupt their industries: artificial intelligence."

What’s the Real Deal between AI Art & IP?; The Michelson Institute for Intellectual Property, February 22, 2023

Executive Editor: David Orozco, J.D., Bank of America Professor at Florida State University & Editor-in-Chief at American Business Law Journal, The Michelson Institute for Intellectual Property ; What’s the Real Deal between AI Art & IP?

"Can Creatives Fight Back Using IP? 

Artists and creatives may use U.S. copyright law to protect their works from unauthorized use or infringement, including works generated by AI. However, the exact extent of protection will depend on the specific circumstances of the case and the application of relevant legal principles, such as fair use and the doctrine of originality.

For instance, if an AI-generated work is deemed to be a “derivative work” based on the original creative work of an artist, the artist may have the right to control the use and distribution of that derivative work. On the other hand, if the AI-generated work is considered a “transformative” use of the original work, it may qualify for protection under the doctrine of fair use, which would allow it to be used without permission from the original artist."

President Biden, creatives need copyright champions in the federal government ; The Hill, January 7, 2022

 

RUTH VITALE, The Hill; President Biden, creatives need copyright champions in the federal government 

"The copyright industries bring not only cultural but also economic prosperity to our country. They contribute $1.5 trillion per year of value to the U.S. GDP, accounting for 7.41 percent of the national economy. U.S. copyright products sold overseas amounted to nearly $219 billion in sales in 2019 – more than other major industries including pharmaceuticals, aerospace, and agriculture. 

President Biden has personally demonstrated long-standing support for the creative industries. As a senator 20 years ago, he convened a hearing called “Theft of American Intellectual Property: Fighting Crime Abroad and at Home.” As vice president, over 10 years ago, he helped to implement a new law that created the Office of Intellectual Property Enforcement Coordinator. Unequivocally, he stated, “Piracy is theft. Clean and simple.”...

Infringing content draws users to platforms, helping to fuel BigTech’s ascent to previously inconceivable heights of wealth. Meanwhile, digital pirates are stealing the rightful earnings of hard-working Americans, facilitated by Big Tech. The U.S. Chamber of Commerce estimates that digital piracy takes between $29.2 billion and $71 billion from the national economy every year. It also takes away between 230,000 and 560,000 American jobs...

I remain hopeful that President Biden’s future appointments will better reflect his lengthy and strong record in support of respect for copyright. Specifically, the position of U.S. Intellectual Property Enforcement Coordinator (IPEC) is open once again.  

As the president knows better than anyone else, the person serving in the IPEC’s role oversees Executive Office efforts to curb piracy, domestically and abroad. The previous IPEC was confirmed by the Senate in August of 2017 – today, during a critical moment for the creative communities, the position is vacant."

U.S. and Europe Regulators Make Some Waves Towards Copyright Protection; Forbes, September 19, 2018

Nelson Granados, Forbes; U.S. and Europe Regulators Make Some Waves Towards Copyright Protection

"It seems regulators are starting to make waves towards more effective regulations for media and entertainment professionals and creatives to be fairly rewarded. There will be opposition and hurdles to overcome. For example, the EU's Copyright Directive still has to be reviewed and endorsed by the EU Commission and EU member states. Nevertheless, some of the top tech companies like Google, which can play a key role in copyright enforcement, appear to be open to ride the wave with copyright holders. Suddenly, there is light at the end of the tunnel."

[Podcast] HOW TO PROTECT YOUR INTELLECTUAL PROPERTY | CAPE TALK RADIO; Cape Talk Radio, 2018

[Podcast] Cape Talk Radio; HOW TO PROTECT YOUR INTELLECTUAL PROPERTY | CAPE TALK RADIO

"How can creatives defend their work from intellectual property theft? Partner, Steven Yeates, talks to Cape Talk’s Mpho Molotlegi about patents, designs, copyright and trade marks – and provides practical examples for monetising your creative assets."