Supreme Court Rules That Andy Warhol Violated a Photographer’s Copyright; Smithsonian Magazine, May 24, 2023

Christopher Parker, Smithsonian Magazine; Supreme Court Rules That Andy Warhol Violated a Photographer’s Copyright

"Reactions to the Supreme Court ruling are mixed. Noah Feldman, a scholar of law at Harvard, writes in Bloomberg that the decision helps artists but harms creativity. 

“The upshot is that little-guy artists win, because they now have more rights than they had before to claim credit for works reused by others,” he writes. “But art as a whole loses, because the decision restricts how artists generate creativity by sampling and remixing existing works.”

Carroll tells the Times that the ruling leaves a lot of room for conflicting interpretations, and the legal battle has only just begun.

“Is it really just about competitive licensing use, or is it more broadly about creating derivative works?” he adds. “I think what you’ll see is lower courts reading it each way, and then eventually this issue is going to find its way back to the Supreme Court.”"

Canvas is half-blank for artists after Warhol's Supreme Court copyright loss; The Denver Gazette, May 20, 2023

John Moore, The Denver Gazette ; Canvas is half-blank for artists after Warhol's Supreme Court copyright loss 

"That’s why, Sink believes, “I don’t think this is going to open any floodgates of artistic repression,” he said. “I feel like that this case falls into its own category because it was a work-for-hire situation.”

The Andy Warhol Foundation issued a statement saying it was important to note that the ruling “did not question the legality of Andy Warhol's creation of the Prince series."

The case is, to put it mildly, “a very complicated, double-edge sword for artists,” Sink said. But two things he’s sure of: 1. “It really is the Wild West out there now” when it comes to these quickly evolving issues. And 2. Warhol (who died in 1987) would be loooooving this."

After the Warhol Decision, Another Major Copyright Case Looms; The New York Times, May 22, 2023

Matt Stevens, The New York Times; After the Warhol Decision, Another Major Copyright Case Looms

"Many thought the latest Supreme Court decision might more clearly delineate what qualifies a work as transformative. But the justices chose instead to focus on how the Warhol portrait had been used, namely to illustrate an article about the musician. The court found that such a use was not distinct enough from the “purpose and character” of Goldsmith’s photo, which had been licensed to Vanity Fair years earlier to help illustrate an article about Prince.

“It was the licensing use, not the creative use, that was at issue,” said Michael W. Carroll, a professor at American University Washington College of Law."

Generative AI Has an Intellectual Property Problem; Harvard Business Review, April 7, 2023

Gil Appel, Juliana Neelbauer, and David A. Schweidel, Harvard Business Review; Generative AI Has an Intellectual Property Problem

"This isn’t the first time technology and copyright law have crashed into each other. Google successfully defended itself against a lawsuit by arguing that transformative use allowed for the scraping of text from books to create its search engine, and for the time being, this decision remains precedential.

But there are other, non-technological cases that could shape how the products of generative AI are treated. A case before the U.S. Supreme Court against the Andy Warhol Foundation — brought by photographer Lynn Goldsmith, who had licensed an image of the late musician, Prince— could refine U.S. copyright law on the issue of when a piece of art is sufficiently different from its source material to become unequivocally “transformative,” and whether a court can consider the meaning of the derivative work when it evaluates that transformation. If the court finds that the Warhol piece is not a fair use, it could mean trouble for AI-generated works.

All this uncertainty presents a slew of challenges for companies that use generative AI. There are risks regarding infringement — direct or unintentional — in contracts that are silent on generative AI usage by their vendors and customers. If a business user is aware that training data might include unlicensed works or that an AI can generate unauthorized derivative works not covered by fair use, a business could be on the hook for willful infringement, which can include damages up to $150,000 for each instance of knowing use. There’s also the risk of accidentally sharing confidential trade secrets or business information by inputting data into generative AI tools."

Copyright lawsuit over artist who used Ruth Bader Ginsburg photo dismissed; UPI, March 18, 2023

Adam Schrader, UPI ; Copyright lawsuit over artist who used Ruth Bader Ginsburg photo dismissed

"A federal judge has sided with an artist who used a photograph of Ruth Bader Ginsburg in her art without the permission of the photo agency that sued her."

ARE THE CREATIVE COMMONS PUBLIC DOMAIN TOOLS FIT-FOR-PURPOSE IN THE CULTURAL HERITAGE SECTOR?; Creative Commons, February 23, 2023

Creative Commons; ARE THE CREATIVE COMMONS PUBLIC DOMAIN TOOLS FIT-FOR-PURPOSE IN THE CULTURAL HERITAGE SECTOR?

A Creative Commons Needs Assessment Report

"EXECUTIVE SUMMARY

To obtain a clearer picture of the use and understanding of Creative Commonsʼ (CC) public domain tools in the cultural heritage sector, in light of the diverse barriers1 facing cultural heritage institutions (CHIs) in opening up their collections, we performed a needs assessment with a view to developing a set of recommendations to ensure CCʼs tools continue to be relevant and meet the sectorʼs needs. From 1 January (Public Domain Day2) to 15 February 2022, we ran a multilingual online survey using Google Forms to share a 50-question questionnaire in English, French and Spanish.

With hundreds of responses to 50 questions, our survey provides us with ample information. While it is beyond the scope of this brief report to provide in-depth analysis of all the results, we highlight key findings that hold the potential to inform our community about the state of open culture and the role that CC public domain tools might play in supporting it. Hereʼs a brief summary of key findings:"

Who Owns Bob Woodward's Trump Interview Recordings?; Law360, February 1, 2023

 Hannah Albaraz, Law360 ; Who Owns Bob Woodward's Trump Interview Recordings?

""Best practice," Reid said, "is to get a release or transfer [of] rights at the outset. The complaint suggests this didn't happen."

Reid, who co-chairs UNC Chapel Hill's Center for Media Law and Policy, said the complaint doesn't paint a full picture of what exactly the parties agreed to before the interviews. She said she is interested to see how Woodward and his publishers respond to Trump's claim seeking declaratory relief regarding ownership of copyrights.

Trump's complaint cites no legal precedent, but it does reference the Compendium of U.S. Copyright Office Practices, which states that if an interviewer or an interviewee seeks to register a copyright for an interview, the individual must have the other person transfer over his or her ownership rights.

The complaint doesn't suggest that either Woodward or Trump did so.

It may be that the U.S. Copyright Office would consider both Trump and Woodward the owners of their respective parts of the interview, and if so, a court may find that Woodward owes Trump some portion of the proceeds from the audiobook.

However, there is at least one case dealing with the ownership of interviews in which a court has held that the interviewer is the copyright owner of an interview."

AI Image Generators Can Exactly Replicate Copyrighted Photos; PetaPixel, February 2, 2023

 MATT GROWCOOT, PetaPixel; AI Image Generators Can Exactly Replicate Copyrighted Photos

"The team recreated a portrait of Ann Graham Lotz using Stable Diffusion, a side-by-side comparison reveals flaws such as distortion and noise in the AI image but there is little doubt that it is the same picture. 

However, two of the researchers revealed to Gizmodo that the team tried 300,000 text prompts and found that the AI image generators only recreated an exact image 0.03% of the time, the rate was even lower for Stable Diffusion which is available to the public, unlike Google’s Imagen.

“The caveat here is that the model is supposed to generalize, it’s supposed to generate novel images rather than spitting out a memorized version,” Vikash Sehwag, a Ph.D. candidate at Princeton University, tells Gizmodo. 

Despite the low rate of image recreation, the fact that this happens at all is alarming. Some AI image generators reserve rights to their images, effectively claiming copyright. This could be problematic if the AI generates the exact same image taken by a photographer."

AI Art Generators Spark Multiple Copyright Lawsuits; The Hollywood Reporter, January 17, 2023

 Winston Cho, The Hollywood Reporter; AI Art Generators Spark Multiple Copyright Lawsuits

"Whether AI programs, built on models that analyze the patterns of copyrighted works, violate the intellectual property rights of artists is up in the air. Engineers build AI art generators by feeding algorithms large databases of images downloaded from the internet without licenses. The artists’ suit asks whether the AI firms infringed on the copyrights of artists by using copyrighted works to train AI tools and when consumers used the art generators to create new works. It also asks whether the conduct is protected under fair use, which allows for use of protected works without permission as long as they are transformative."

‘People are leaving the game’: Dungeons & Dragons fans revolt against new restrictions; The Guardian, January 13, 2023

 Alaina Demopoulos, The Guardian; ‘People are leaving the game’: Dungeons & Dragons fans revolt against new restrictions

"It’s been a tough week for Dungeons & Dragons fans.

The reins were pulled in on users who come up with their own storylines and new characters, creating legions of imaginary worlds that spin off of the original fantasy roleplaying game. They have also been able to make and sell products required to play or based on the game under an open game license (OGL) agreement.

But as Gizmodo first reported, a leaked new agreement drafted by Wizards of the Coast (WoTC), the Hasbro subsidiary that owns D&D, threatens to “tighten” the OGL that has been in place since the early 2000s. It would grantWoTC the ability to “make money off of these products without paying the person who made it” and companies that make over $750,000 will have to start paying Hasbro a 25% cut of their earnings."

Some of Trump’s New NFTs Look Like Photoshops of Google Search Results; PetaPixel, December 16, 2022

JARON SCHNEIDER, PetaPixel; Some of Trump’s New NFTs Look Like Photoshops of Google Search Results

"After hyping a major announcement, Donald Trump revealed his next major project: NFTs. But reverse image searches of some of the “digital trading cards” revealed them to be edits of clothing easily found in Google search, raising copyright questions...

While these images aren’t what most would consider to be the height of photographic art, they are still photos that are presumably owned by a manufacturer and using images — even e-commerce photos — without permission in this manner brings up copyright questions: it may not be legal, not to mention unethical, to just take photos off web stores, turn them into “art,” and then sell them for $99 each.

Gizmodo says it reached out to the manufacturer of both pieces of clothing to ask if either granted the former U.S. President permission to use their images, but neither immediately responded." 

Supreme Court asks for Biden administration's views in Google copyright case; December 12, 2022

Blake Brittain, Reuters ; Supreme Court asks for Biden administration's views in Google copyright case

"The U.S. Supreme Court on Monday asked the Biden administration to weigh in on song-lyric website Genius' attempt to revive a lawsuit over Google's alleged theft of its work.

The justices are considering whether to hear ML Genius Holdings LLC's bid to overturn a U.S. appeals court's ruling that its case against Google LLC was preempted by federal copyright law.

The Supreme Court often asks for the solicitor general's input on cases in which the U.S. government may have an interest."

Ohio State University secures trademark for use of the word 'THE' on clothing; The Columbus Dispatch, June 22, 2022

Aaron Skubby, The Columbus Dispatch; Ohio State University secures trademark for use of the word 'THE' on clothing

"What happens now that The Ohio State University has its trademark?

The trademark approval now gives Ohio State permission to use THE for “clothing, namely, t-shirts, baseball caps and hats; all of the foregoing being promoted, distributed, and sold through channels customary to the field of sports and collegiate athletics.”"

The Owner Of Seth Green's Stolen Bored Ape Said They Have No Plans To Return It; BuzzFeedNews, May 25, 2022

Sarah Emerson, BuzzFeedNews; The Owner Of Seth Green's Stolen Bored Ape Said They Have No Plans To Return It

"BuzzFeed News reported on Tuesday that the theft of Green’s NFTs could present complications for his forthcoming series, White Horse Tavern, which incorporates characters from the actor’s extensive NFT collection. It’s possible that after losing his Bored Ape to a phishing scam this month, Green also lost his license to commercially adapt the monkey. In what has become something of a hostage scenario, Green has since tried to negotiate the return of what he has called his “kidnapped” ape."

Court Blocks Maryland’s Library E-book Law; Publishers Weekly, February 16, 2022

Andrew Albanese, Publishers Weekly; Court Blocks Maryland’s Library E-book Law

"In a rebuke to Maryland state legislators, a federal judge has granted the Association of American Publishers’ motion for a preliminary injunction, blocking Maryland officials from enforcing the state's new library e-book law."

Music group sues NBC, US figure skating pair over use of song during Winter Olympics; USA Today, February 19, 2022

Jordan Mendoza,USA Today ; Music group sues NBC, US figure skating pair over use of song during Winter Olympics

"Music group Heavy Young Heathens filed a lawsuit on Thursday against NBC, U.S. Figure Skating and figure skating pair Alexa Knierim and Brandon Frazier, saying their copyright for the song "House of the Rising Sun" was violated when the pair used it for their short program earlier this week.

The group, comprised of brothers Robert and Aron Marderosian, are known for their compositions in numerous television shows, movies, trailers, advertisements and video games, such as ESPN's "30 for 30," Adidas, "Deadpool" and "The Simpsons." One of their compositions, "House of the Rising Sun" is based on a traditional folk song, but their version of it "is a signature song of theirs throughout the world," as it has been famously used for the film "The Magnificent Seven" and Ford auto commercials.

During the team figure skating event of the 2022 Winter Olympics, Knierim and Frazier used the composition for the short program portion of the event in which the United States won a silver medal for." 

The Spider-Man Problem; NPR, Planet Money, January 28, 2022

KENNY MALONE, NPR, Planet Money; The Spider-Man Problem

"When Marvel licensed the Spider-Man film rights to Sony Pictures in the 1990s, the deal made sense — Marvel didn't make movies yet, and their business was mainly about making comic books and toys. Years later, though, the deal would come back to haunt Marvel, and it would start a long tug of war between Sony and Marvel over who had creative cinematic control for Marvel's most popular superhero."

Frustrated by vaccine inequity, a South African lab rushes to replicate Moderna’s shot; The Washington Post, November 28, 2021

Lesley Wroughton, The Washington Post ; Frustrated by vaccine inequity, a South African lab rushes to replicate Moderna’s shot

"At the World Trade Organization (WTO), trade ministers had been scheduled to begin meetings Tuesday over a contentious proposal by South Africa and India to temporarily waive intellectual property rights on coronavirus vaccines and therapies or find a way to allow developing countries to access the technologies. The meeting has been postponed because of the omicron variant. No new date has been set...

African countries have historically depended on Western donors and United Nations-backed programs such as the vaccine alliance known as Gavi, a partnership of donors and pharmaceutical companies that buys vaccines at lower prices and makes them available to countries that need them. Covax, a vaccine marketplace that was meant to secure coronavirus inoculations for developing countries, has struggled to access enough supplies during the pandemic...

Moderna has said it will not prosecute those found to be infringing on its covid-related patents during the pandemic, which amounts to an informal waiver, said Marie-Paule Kieny, a French virologist who chairs the U.N.-backed Medicine Patent Pool, which is part of the WHO’s efforts in Africa.

The concern with a waiver, Kieny said, is what happens once the pandemic ends. Any broader waiver agreed on at the WTO talks would likely have a time limit, she said, without a commitment from the drugmakers to enter into licensing agreements.

She said companies should negotiate now with drugmakers such as Moderna to reach formal licensing agreements before the pandemic is over."

Judge Rules in Favor of Nicki Minaj in Tracy Chapman Copyright Dispute; Variety, September 16, 2020

Gene Maddaus , Variety; Judge Rules in Favor of Nicki Minaj in Tracy Chapman Copyright Dispute

"A judge handed a significant win to Nicki Minaj on Wednesday, finding that she did not commit copyright infringement when she created a song based on Tracy Chapman’s “Baby Can I Hold You.”

The ruling protects the industry practice of developing a new song based on existing material, and then seeking a license from the original artist prior to release. U.S. District Judge Virginia A. Phillips ruled that Minaj’s experimentation with Chapman’s song constitutes “fair use” and is not copyright infringement."

'Electric Avenue' Singer Files Suit Against Trump Campaign for Copyright Infringement: Exclusive; Billboard, September 1, 2020

Gil Kaufman, Billboard; 'Electric Avenue' Singer Files Suit Against Trump Campaign for Copyright Infringement: Exclusive

"Eddy Grant argues his signature hit was used without permission in a campaign video. "This is copyright 101," his lawyer tells Billboard.

Singer Eddy Grant filed a copyright lawsuit against Pres. Donald Trump's campaign on Tuesday (Sept. 1) over a campaign video that his lawyers say illegally uses the singer's iconic 1983 song "Electric Avenue."

The suit is tied to a bizarre animated ad posted on Twitter by Trump's campaign on Aug. 12 which depicts a cartoon version of Trump's White House rival, former Democratic Vice President Joe Biden, driving an old-fashioned train car while a speeding train that says "Trump Pence" and "KAG 2020" zips through a desolate town.

There is no context for the use of the song, which plays as the animated Biden hand-pumps his way through the empty streets in a handcar labeled "Biden President: Your Hair Smells Terrific" while random snippets of old quotes and interviews are played. The lyrics of the song, which include the lines, "Down in the streets there is violence/ And a lot of work to be done," were written by the Black Guyanese-British singer in reaction to the 1981 race riots in Brixton, England. The track spent five weeks at No. 2 on the Billboard Hot 100 chart in 1983."