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

Friday, July 25, 2025

Trump’s Comments Undermine AI Action Plan, Threaten Copyright; Publishers Weekly, July 23, 2025

 Ed Nawotka  , Publishers Weekly; Trump’s Comments Undermine AI Action Plan, Threaten Copyright

"Senate bill proposes 'opt-in' legislation

Trump's comments come on the heels of the introduction, by U.S. senators Josh Hawley (R-Mo.) and Richard Blumenthal (D-Conn.), of the AI Accountability and Personal Data Protection Act this past Monday following a hearing last week on AI companies' copyright infringement. The bipartisan legislation aims to hold AI firms liable for using copyrighted works or personal data without acquiring explicit consent to train AI models. It would empower individuals—including writers, artists, and content creators—to sue companies in federal court if their data or copyrighted works are used without consent. It also supports class action lawsuits and advocates for violators to pay robust penalties.

"AI companies are robbing the American people blind while leaving artists, writers, and other creators with zero recourse," said Hawley. "It’s time for Congress to give the American worker their day in court to protect their personal data and creative works. My bipartisan legislation would finally empower working Americans who now find their livelihoods in the crosshairs of Big Tech’s lawlessness."

"This bill embodies a bipartisan consensus that AI safeguards are urgent—because the technology is moving at accelerating speed, and so are dangers to privacy," added Blumenthal. "Enforceable rules can put consumers back in control of their data, and help bar abuses. Tech companies must be held accountable—and liable legally—when they breach consumer privacy, collecting, monetizing or sharing personal information without express consent. Consumers must be given rights and remedies—and legal tools to make them real—not relying on government enforcement alone."

Thursday, July 24, 2025

Donald Trump Is Fairy-Godmothering AI; The Atlantic, July 23, 2025

Matteo Wong , The Atlantic; Donald Trump Is Fairy-Godmothering AI

"In a sense, the action plan is a bet. AI is already changing a number of industries, including software engineering, and a number of scientific disciplines. Should AI end up producing incredible prosperity and new scientific discoveries, then the AI Action Plan may well get America there faster simply by removing any roadblocks and regulations, however sensible, that would slow the companies down. But should the technology prove to be a bubble—AI products remain error-prone, extremely expensive to build, and unproven in many business applications—the Trump administration is more rapidly pushing us toward the bust. Either way, the nation is in Silicon Valley’s hands...

Once the red tape is gone, the Trump administration wants to create a “dynamic, ‘try-first’ culture for AI across American industry.” In other words, build and test out AI products first, and then determine if those products are actually helpful—or if they pose any risks.

Trump gestured toward other concessions to the AI industry in his speech. He specifically targeted intellectual-property laws, arguing that training AI models on copyrighted books and articles does not infringe upon copyright because the chatbots, like people, are simply learning from the content. This has been a major conflict in recent years, with more than 40 related lawsuits filed against AI companies since 2022. (The Atlantic is suing the AI company Cohere, for example.) If courts were to decide that training AI models with copyrighted material is against the law, it would be a major setback for AI companies. In their official recommendations for the AI Action Plan, OpenAI, Microsoft, and Google all requested a copyright exception, known as “fair use,” for AI training. Based on his statements, Trump appears to strongly agree with this position, although the AI Action Plan itself does not reference copyright and AI training.

Also sprinkled throughout the AI Action Plan are gestures toward some MAGA priorities. Notably, the policy states that the government will contract with only AI companies whose models are “free from top-down ideological bias”—a reference to Sacks’s crusade against “woke” AI—and that a federal AI-risk-management framework should “eliminate references to misinformation, Diversity, Equity, and Inclusion, and climate change.” Trump signed a third executive order today that, in his words, will eliminate “woke, Marxist lunacy” from AI models...

Looming over the White House’s AI agenda is the threat of Chinese technology getting ahead. The AI Action Plan repeatedly references the importance of staying ahead of Chinese AI firms, as did the president’s speech: “We will not allow any foreign nation to beat us; our nation will not live in a planet controlled by the algorithms of the adversaries,” Trump declared...

But whatever happens on the international stage, hundreds of millions of Americans will feel more and more of generative AI’s influence—on salaries and schools, air quality and electricity costs, federal services and doctor’s offices. AI companies have been granted a good chunk of their wish list; if anything, the industry is being told that it’s not moving fast enough. Silicon Valley has been given permission to accelerate, and we’re all along for the ride."

Donald Trump Says AI Companies Can’t Be Expected To Pay For All Copyrighted Content Used In Their Training Models: “Not Do-Able”; Deadline, July 23, 2025

Ted JohnsonTom Tapp, Deadline; Donald Trump Says AI Companies Can’t Be Expected To Pay For All Copyrighted Content Used In Their Training Models: “Not Do-Able”

 

[Kip Currier: Don't be fooled by the flimflam rhetoric in Trump's AI Action Plan unveiled yesterday (July 23, 2025). Where Trump's AI Action Plan says “We must ensure that free speech flourishes in the era of AI and that AI procured by the Federal government objectively reflects truth rather than social engineering agendas", it's actually the exact opposite: the Trump plan is censorious and will "cancel out" truth (e.g. on climate science, misinformation and disinformation, etc.) in Orwellian fashion.]


[Excerpt]

"The plan is a contrast to Trump’s predecessor, Joe Biden, who focused on the government’s role in ensuring that the technology was safe.

The Trump White House plan also recommends updating federal procurement guidelines “to ensure that the government only contracts with frontier large language model (LLM) developers who ensure that their systems are objective and free from top-down ideological bias.” Also recommended is revising the National Institute of Standards and Technology AI Risk Management Framework to remove references to misinformation, DEI and climate change.

“We must ensure that free speech flourishes in the era of AI and that AI procured by the Federal government objectively reflects truth rather than social engineering agendas,” the plan says."

Wednesday, July 23, 2025

Trump derides copyright and state rules in AI Action Plan launch; Politico, July 23, 2025

MOHAR CHATTERJEE , Politico; Trump derides copyright and state rules in AI Action Plan launch

"President Donald Trump criticized copyright enforcement efforts and state-level AI regulations Wednesday as he launched the White House’s AI Action Plan on a mission to dominate the industry.

In remarks delivered at a “Winning the AI Race” summit hosted by the All-In Podcast and the Hill and Valley Forum in Washington, Trump said stringent copyright enforcement was unrealistic for the AI industry and would kneecap U.S. companies trying to compete globally, particularly against China.

“You can’t be expected to have a successful AI program when every single article, book or anything else that you’ve read or studied, you’re supposed to pay for,” he said. “You just can’t do it because it’s not doable. ... China’s not doing it.”

Trump’s comments were a riff as his 28-page AI Action Plan did not wade into copyright and administration officials told reporters the issue should be left to the courts to decide.

Trump also signed three executive orders. One will fast track federal permitting, streamline reviews and “do everything possible to expedite construction of all major AI infrastructure projects,” Trump said. Another expands American exports of AI hardware and software. A third order bans the federal government from procuring AI technology “that has been infused with partisan bias or ideological agendas,” as Trump put it...

Trump echoed tech companies’ complaints about state AI laws creating a patchwork of regulation. “You can’t have one state holding you up,” he said. “We need one common sense federal standard that supersedes all states, supersedes everybody.”"

Commentary: A win-win-win path for AI in America; The Post & Courier, July 22, 2025

 Keith Kupferschmid, The Post & Courier; Commentary: A win-win-win path for AI in America

"Contrary to claims that these AI training deals are impossible to make at scale, a robust free market is already emerging in which hundreds (if not thousands) of licensed deals between AI companies and copyright owners have been reached. New research shows it is possible to create fully licensed data sets for AI.

No wonder one federal judge recently called claims that licensing is impractical “ridiculous,” given the billions at stake: “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.” Just like AI companies don’t dispute that they have to pay for energy, infrastructure, coding teams and the other inputs their operations require, they need to pay for creative works as well.

America’s example to the world is a free-market economy based on the rule of law, property rights and freedom to contract — so, let the market innovate solutions to these new (but not so new) licensing challenges. Let’s construct a pro-innovation, pro-worker approach that replaces the false choice of the AI alarmists with a positive, pro-America pathway to leadership on AI."

Wave of copyright lawsuits hit AI companies like Cambridge-based Suno; WBUR, July 23, 2025

 

WBUR; Wave of copyright lawsuits hit AI companies like Cambridge-based Suno

"Suno, a Cambridge company that generates AI music, faces multiple lawsuits alleging it illegally trained its model on copyrighted work. Peter Karol of Suffolk Law School and Bhamati Viswanathan of Columbia University Law School's Kernochan Center for Law, Media, and the Arts join WBUR's Morning Edition to explain how the suits against Suno fit into a broader legal battle over the future of creative work.

This segment aired on July 23, 2025. Audio will be available soon."

Tuesday, July 22, 2025

Senators Introduce Bill To Restrict AI Companies’ Unauthorized Use Of Copyrighted Works For Training Models; Deadline, July 21, 2025

 Ted Johnson , Deadline; Senators Introduce Bill To Restrict AI Companies’ Unauthorized Use Of Copyrighted Works For Training Models

"Sen. Josh Hawley (R-MO) and Sen. Richard Blumenthal (D-CT) introduced legislation on Monday that would restrict AI companies from using copyrighted material in their training models without the consent of the individual owner.

The AI Accountability and Personal Data Protection Act also would allow individuals to sue companies that uses their personal data or copyrighted works without their “express, prior consent.”

The bill addresses a raging debate between tech and content owners, one that has already led to extensive litigation. Companies like OpenAI have argued that the use of copyrighted materials in training models is a fair use, while figures including John Grisham and George R.R. Martin have challenged that notion."

Sunday, July 20, 2025

Judge Rules Class Action Suit Against Anthropic Can Proceed; Publishers Weekly, July 18, 2025

 Jim Milliot , Publishers Weekly; Judge Rules Class Action Suit Against Anthropic Can Proceed

"In a major victory for authors, U.S. District Judge William Alsup ruled July 17 that three writers suing Anthropic for copyright infringement can represent all other authors whose books the AI company allegedly pirated to train its AI model as part of a class action lawsuit.

In late June, Alsup of the Northern District of California, ruled in Bartz v. Anthropic that the AI company's training of its Claude LLMs on authors' works was "exceedingly transformative," and therefore protected by fair use. However, Alsup also determined that the company's practice of downloading pirated books from sites including Books3, Library Genesis, and Pirate Library Mirror (PiLiMi) to build a permanent digital library was not covered by fair use.

Alsup’s most recent ruling follows an amended complaint from the authors looking to certify classes of copyright owners in a “Pirated Books Class” and in a “Scanned Books Class.” In his decision, Alsup certified only a LibGen and PiLiMi Pirated Books Class, writing that “this class is limited to actual or beneficial owners of timely registered copyrights in ISBN/ASIN-bearing books downloaded by Anthropic from these two pirate libraries.”

Alsup stressed that “the class is not limited to authors or author-like entities,” explaining that “a key point is to cover everyone who owns the specific copyright interest in play, the right to make copies, either as the actual or as the beneficial owner.” Later in his decision, Alsup makes it clear who is covered by the ruling: “A beneficial owner...is someone like an author who receives royalties from any publisher’s revenues or recoveries from the right to make copies. Yes, the legal owner might be the publisher but the author has a definite stake in the royalties, so the author has standing to sue. And, each stands to benefit from the copyright enforcement at the core of our case however they then divide the benefit.”"

US authors suing Anthropic can band together in copyright class action, judge rules; Reuters, July 17, 2025

  , Reuters; US authors suing Anthropic can band together in copyright class action, judge rules

"A California federal judge ruled on Thursday that three authors suing artificial intelligence startup Anthropic for copyright infringement can represent writers nationwide whose books Anthropic allegedly pirated to train its AI system.

U.S. District Judge William Alsup said the authors can bring a class action on behalf of all U.S. writers whose works Anthropic allegedly downloaded from "pirate libraries" LibGen and PiLiMi to create a repository of millions of books in 2021 and 2022."

Thursday, July 17, 2025

Libraries Pay More for E-Books. Some States Want to Change That.; The New York Times, July 16, 2025

 Erik Ofgang, The New York Times; Libraries Pay More for E-Books. Some States Want to Change That.

Proposed legislation would pressure publishers to adjust borrowing limits and find other ways to widen access. 

"Librarians complain that publishers charge so much to license e-books that it’s busting library budgets and frustrating efforts to provide equitable access to reading materials. Big publishers and many authors say that e-book library access undermines their already struggling business models. Smaller presses are split."

The Art (and Legality) of Imitation: Navigating the Murky Waters of Fair Use in AI Training The National Law Review, July 16, 2025

 Sarah C. ReasonerAshley N. HigginsonAnita C. MarinelliKimberly A. Berger of Miller Canfield   - Miller Canfield Resources, The National Law Review; The Art (and Legality) of Imitation: Navigating the Murky Waters of Fair Use in AI Training 

"The legal landscape for artificial intelligence is still developing, and no outcome can yet be predicted with any sort of accuracy. While some courts appear poised to accept AI model training as transformative, other courts do not. As AI technology continues to advance, the legal system must adapt to address the unique challenges it presents. Meanwhile, businesses and creators navigating this uncertain terrain should stay informed about legal developments and consider proactive measures to mitigate risks. As we await further rulings and potential legislative action, one thing is clear: the conversation around AI and existing intellectual property protection is just beginning."

Wednesday, July 16, 2025

Can Gen AI and Copyright Coexist?; Harvard Business Review, July 16, 2025

  and , Harvard Business Review ; Can Gen AI and Copyright Coexist?

"We’re experts in the study of digital transformation and have given this issue a lot of thought. We recently served, for example, on a roundtable of 10 economists convened by the U.S. Copyright Office to study the implications of gen AI on copyright policy. We recognize that the two decisions are far from the last word on this topic; both will no doubt be appealed to the Ninth Circuit and then subsequently to the Supreme Court. But in the meantime, we believe there are already many lessons to be learned from these decisions about the implications of gen AI for business—lessons that will be useful for leaders in both the creative industries and gen AI companies."

Monday, July 14, 2025

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"; Latin Times, July 14, 2025

 , 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"


"The rock band Black Rebel Motorcycle Club (BRMC) is demanding that the US Department of Homeland Security (DHS) remove a recent video that used their recording of "God's Gonna Cut You Down" without permission.

The band made their disapproval of the DHS very clear, accusing the agency of violating not only copyright law, but fundamental constitutional values.

"It's obvious that you don't respect Copyright Law and Artist Rights any more than you respect Habeas Corpus and Due Process rights," the band wrote. "Not to mention the separation of Church and State per the US Constitution."

"For the record, we hereby order @dhsgov to cease and desist the use of our recording and demand that you immediately pull down your video," the statement continued.

"Oh, and go f–k yourselves," they concluded."

Friday, July 11, 2025

Join Our Livestream: Inside the AI Copyright Battles; Wired, July 11, 2025

 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."

Thursday, July 10, 2025

EU's AI code of practice for companies to focus on copyright, safety; Reuters, July 10, 2025

, 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."

Wednesday, July 9, 2025

Viewpoint: Don’t let America’s copyright crackdown hand China global AI leadership; Grand Forks Herald, July 5, 2025

  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 Announces Webinar on Copyright Essentials for Writers; U.S. Copyright Office, Webinar: August 6, 2025 1 PM EDT

  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:

  • Jessica Chinnadurai, Attorney-Advisor, Office of Public Information and Education
  • Laura Kaiser, Attorney-Advisor, Office of Public Information and Education

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."

Monday, July 7, 2025

YouTube Pirates Are Cashing In on Hollywood’s Summer Blockbusters; The New York Times, July 5, 2025

  Nico Grant and , 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."

Saturday, July 5, 2025

Two Courts Rule On Generative AI and Fair Use — One Gets It Right; Electronic Frontier Foundation (EFF), June 26, 2025

 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."

Thursday, July 3, 2025

Cloudflare Sidesteps Copyright Issues, Blocking AI Scrapers By Default; Forbes, July 2, 2025

 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."