Patent Poetry: Judge Throws Out Most of Artists’ AI Copyright Infringement Claims; JD Supra, November 20, 2023

  Adam Philipp, AEON Law, JD Supra; Patent Poetry: Judge Throws Out Most of Artists’ AI Copyright Infringement Claims

"One of the plaintiffs’ theories of infringement was that the output images based on the Training Images are all infringing derivative works.

The court noted that to support that claim the output images would need to be substantially similar to the protected works. However, noted the court,

none of the Stable Diffusion output images provided in response to a particular Text Prompt is likely to be a close match for any specific image in the training data.

The plaintiffs argued that there was no need to show substantial similarity when there was direct proof of copying. The judge was skeptical of that argument.

This is just one of many AI-related cases making its way through the courts, and this is just a ruling on a motion rather than an appellate court decision. Nevertheless, this line of analysis will likely be cited in other cases now pending.

Also, this case shows the importance of artists registering their works with the Copyright Office before seeking to sue for infringement."

Generative AI vs. Copyright; Publishers Weekly, September 22, 2023

Lloyd J. Jassin, Publishers Weekly; Generative AI vs. Copyright

"To sum up, on a case-by-case basis, courts must determine if substantial similarity exists and then engage in line drawing—balancing free expression and the rights of creators."

The Blurred Lines of Copyright Law Are Limiting Musical Creativity; The Recorder, Law.com, May 14, 2018

Christopher J. Buccafusco, The Recorder, Law.com; The Blurred Lines of Copyright Law Are Limiting Musical Creativity

"The real issue, however, is that pop musicians simply may be running out of creative space. And this problem is being exacerbated by the behaviors of what we might call “legacy” interests—parties who own copyright interests in already-created songs but who won’t be making any new music.

I have argued, with my colleagues Stefan Bechold and Christopher Sprigman, that any field of creative production has a certain “innovation space.” This space represents the world of possible solutions to a given creative problem. At the beginning of a field, whether sonata form or smartphone design, the innovation space is wide open. Anyone is free to do almost anything. Over time, however, portions of the innovation space get filled by intellectual property rights. The earliest creators fill up the innovation space with their copyrights and patents, limiting the options for newcomers. Newer creators are faced with a dilemma in which they must either find a portion of the innovation space that hasn’t been claimed or pay a license fee to one of their predecessors."

Exclusive: playwright's estate says The Shape of Water used his work without credit; Guardian, January 25, 2018

Sam Levin, Guardian; Exclusive: playwright's estate says The Shape of Water used his work without credit

"The estate of the Pulitzer-winning playwright Paul Zindel has accused the film The Shape of Water of using the late writer’s work without credit, arguing that Guillermo del Toro’s movie, which is leading in Oscar nominations, was “obviously derived” from a 1969 play.

David Zindel, son of the American playwright, told the Guardian he believes his father’s work Let Me Hear You Whisper, a play about a female janitor in a research laboratory who bonds with a captive dolphin and tries to rescue the creature, is a source of inspiration for The Shape of Water. Del Toro’s film was nominated on Tuesday for 13 Oscars, including best picture, best director and best original screenplay."

Appeal Is Filed in Potter Lexicon Case, New York Times, 11/15/08

Via New York Times: Appeal Is Filed in Potter Lexicon Case

http://www.nytimes.com/2008/11/15/arts/15arts-APPEALISFILE_BRF.html