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

Tuesday, January 13, 2026

‘Clock Is Ticking’ For Creators On AI Content Copyright Claims, Experts Warn; Forbes, January 9, 2026

Rob Salkowitz, , Forbes; ‘Clock Is Ticking’ For Creators On AI Content Copyright Claims, Experts Warn

"Despite this string of successes, creators like BT caution that content owners need to move quickly to secure any kind of terms. “A lot of artists have their heads in the sand with respect to AI,” he said. “The fact is, if they don’t come to some kind of agreement, they may end up with nothing.”

The concern is that AI models are increasingly being trained on synthetic data: that is, on the output of AI systems, rather than on content attributable to any individual creator or rights owner. Gartner estimates that 75% of AI training data in 2026 will be synthetic. That number could hit 100% by 2030. Once the tech companies no longer need human-produced content, they will stop paying for it.

“The quality of outputs from AI systems has been improving dramatically, which means that it is possible to train on synthetic data without risking model collapse,” said Dr. Daniela Braga, founder and CEO of the data training firm Defined.ai, in a separate interview at CES. “The window is definitely closing for individual rights owners to secure favorable terms.”

Other experts suggest that these claims may be overstated.

Braga says the best way creators can protect themselves is to do business with ethical companies willing to provide compensation for high-quality human-produced content and represent the superior value of that content to their customers. As models grow in capabilities, the need will shift from sheer volume of data to data that is appropriately tagged and annotated to fit easily into specific use cases.

There remain some profound questions around the sustainability of AI from a business standpoint, with demand for services among enterprise and consumers lagging the massive, and massively expensive, build-out of capacity. For some artists opposed to generative AI in its entirety, there may be the temptation to wait it out until the bubble bursts. After all, these artists created their work to be enjoyed by humans, not to be consumed in bulk by machines threatening their livelihoods. In light of those objections, the prospect of a meager payout might seem unappealing."

Monday, January 12, 2026

The Trump Administration's Deportation Reels Keep Getting Copyright Strikes for Using Music Without Permission; Reason , February/ March 2026 Issue

  , Reason; The Trump Administration's Deportation Reels Keep Getting Copyright Strikes for Using Music Without Permission

"As masked Immigration and Customs Enforcement (ICE) agents deploy to U.S. cities, the Trump administration is also running a social media campaign. Its effort to stay viral online is colliding with copyright law.

Between January 26 and November 10, 2025, the Department of Homeland Security (DHS) posted 487 times on Instagram—more than 28 percent of the agency's total posting since joining the platform in 2014. The posts promote the crackdown by mixing 20th century propaganda with modern memes, and they feature a wide range of popular imagery and audio.

But not all the content they use has been licensed—or welcomed. Several creators have pushed back on the unauthorized use of their copyright-protected work."

Friday, January 9, 2026

ChatGPT creator must turn over 20M chat logs in copyright litigation, federal judge says; ABA Journal, January 8, 2026

 AMANDA ROBERT, ABA Journal; ChatGPT creator must turn over 20M chat logs in copyright litigation, federal judge says

"OpenAI, the creator of ChatGPT, must turn over 20 million chat logs in its copyright litigation with the New York Times and other news media, a federal judge ruled Monday."

U.S. Copyright Office Announces Webinar on Copyright Essentials for Filmmakers; U.S. Copyright Office, January 8, 2026

 U.S. Copyright Office ; U.S. Copyright Office Announces Webinar on Copyright Essentials for Filmmakers

"The U.S. Copyright Office invites you to register to attend the upcoming online webinar, Lights, Camera, Action: Copyright Essentials for Filmmakers, on February 4 at 1:00 p.m. eastern time. This event continues our educational series designed to teach copyright basics and key concepts to creators within various disciplines.

In this session, join us as the Copyright Office discusses what filmmakers, including producers, directors, and screenwriters, should know about copyright. We will answer commonly asked questions, review educational resources and registration options, and share how the Copyright Office’s Public Information Office can assist along the way. 

Speakers:

  • Miriam Lord, Associate Register of Copyrights and Director of Public Information and Education
  • Laura Kaiser, Attorney-Advisor, Office of Public Information and Education"

Thursday, January 8, 2026

OpenAI Must Turn Over 20 Million ChatGPT Logs, Judge Affirms; Bloomberg Law, January 5, 2026

 

, Bloomberg Law; OpenAI Must Turn Over 20 Million ChatGPT Logs, Judge Affirms

"OpenAI Inc. will have to turn over 20 million anonymized ChatGPT logs in a consolidated AI copyright case after it failed to convince a federal judge to throw out a magistrate judge’s order the company said insufficiently weighed privacy concerns.

Magistrate Judge Ona T. Wang sufficiently considered privacy concerns against the material’s relevance to the ongoing litigation in her discovery ruling in favor of news organization plaintiffs in five lawsuits, District Judge Sidney H. Stein said in an order Monday. She rejected OpenAI’s arguments it should be allowed to run a search of the 20 million-log sample and produce conversations implicating the plaintiffs’ works, saying no case law requires the court to order the least burdensome discovery possible."

Wednesday, January 7, 2026

Nancy Drew Cracks the Case of Copyright After 95 years, the earliest adventures in the mystery book series are now free for public use.; Wall Street Journal, January 7, 2026

 Brenda Cronin, Wall Street Journal; Nancy Drew Cracks the Case of Copyright After 95 years, the earliest adventures in the mystery book series are now free for public use. 

"Nancy Drew has survived some scary situations. But the slender, attractive sleuth has just entered the most hair-raising of all: the public domain.

On New Year’s Day, 95 years of copyright protection under U.S. law expired on the first four books in Carolyn Keene’s mystery series about the fictional detective."

Defendant Tattoo Artist Prevails in Miles Davis Tattoo Suit; Lexology, January 5, 2026

 Michael Best & Friedrich LLP , Lexology; Defendant Tattoo Artist Prevails in Miles Davis Tattoo Suit

"In the case, Sedlik v. Von Drachenberg, 9th Cir., No. 24‑3367 (Jan. 2, 2026), the Ninth Circuit affirmed a jury verdict in favor of celebrity tattoo artist Katherine “Kat Von D” Von Drachenberg in a closely watched copyright dispute brought by photographer Jeffrey Sedlik over a tattoo based on Sedlik’s well-known portrait of Miles Davis. A link to the images of the photo and the tattoo can be seen here (Kat Von D defends use of Miles Davis photo for friend's tattoo | Courthouse News Service). The panel left intact the jury’s finding of no infringement on the ground that the tattoo and photograph were not “substantially similar,” and emphasized that it would not substitute its view for the jury’s on this fact-intensive question."

Monday, January 5, 2026

AI copyright battles enter pivotal year as US courts weigh fair use; Reuters, January 5, 2026

 , Reuters; AI copyright battles enter pivotal year as US courts weigh fair use

"The sprawling legal fight over tech companies' vast copying of copyrighted material to train their artificial intelligence systems could be entering a decisive phase in 2026.

After a string of fresh lawsuits and a landmark settlement in 2025, the new year promises to bring a wave of rulings that could define how U.S. copyright law applies to generative AI. At stake is whether companies like OpenAI, Google and Meta can rely on the legal doctrine of fair use to shield themselves from liability – or if they must reimburse copyright holders, which could cost billions."

Sunday, January 4, 2026

 Alyssa Aquino , Law.com; ‘Pirated’?: NY Defenders Face Copyright Suit for Allegedly ‘Copying’ Expert Report

"A researcher in their complaint alleged that the Federal Defenders of New York copied an expert report commissioned by other attorneys directly into court filings for their own case. “When you’re using something in litigation, you usually have a fair use defense, but that’s usually because you’re using it for something different than its original purpose,” said Stacey Lantagne, a law professor at Suffolk University. “But here, [the report] seems to have been created solely for litigation.”"

Friday, January 2, 2026

Disney’s Next Public Domain Fiasco Will Be a Nightmare for Us All; ScreenRant, January 2, 2026

 , ScreenRant; Disney’s Next Public Domain Fiasco Will Be a Nightmare for Us All

"Now, 2026 is here, and it is ready to bring another fresh nightmare to us all as Goofy's best boy joins the public domain. 

Yes, that is right. Pluto is coming to public domain. The original version of Disney's favorite pup is going to the dogs, and that is hardly good news."

Thursday, January 1, 2026

Public Domain Day is coming — here’s what you need to know about characters like Betty Boop; The Beat, December 31, 2025

 Russ Burlingame, The Beat; Public Domain Day is coming — here’s what you need to know about characters like Betty Boop

As big-name characters enter the public domain, they come with asterisks.

"In just two days, when the calendar tips over into 2026, a number of beloved characters and works of art will lose copyright protection in the United States and enter the public domain. While this means you can print and sell your own versions of The Maltese Falcon and Animal Crackers, what’s arguably more important is the way the public domain fosters future creativity. When a character falls into the public domain, anyone can use them in derivative works, allowing for things like Wicked, featuring L. Frank Baum‘s characters from the world of Oz, or JimPercival Everett‘s award-winning novel based on the characters from The Adventures of Huckleberry Finn, to exist.

Of course, artists wishing to dip into the public domain for inspiration also have to be careful: while “Rover” is public domain, it’s likely Disney will continue to guard any version of Mickey Mouse’s beloved dog that is named Pluto for another year. Early editions of books featuring characters like Nancy Drew and the Hardy Boys were sometimes rewritten or updated to reflect changing times, meaning that the version of The Secret of the Old Clock at your local library might still have copyright-protected elements.

In particular, the folks behind Fleischer Studios have signaled a willingness to fight over Betty Boop, who is headlining many of this year’s biggest “Public Domain Day” stories."

Tuesday, December 30, 2025

The IP Legislation That Shaped 2025 and Prospects for the New Year; IP Watchdog, December 29, 2025

BARRY SCHINDLER , IP Watchdog; The IP Legislation That Shaped 2025 and Prospects for the New Year

"As 2025 draws to a close, the intellectual property ecosystem faces a wave of transformative changes driven by artificial intelligence (AI) and evolving legislative priorities. From sweeping federal proposals aimed at harmonizing AI governance and overriding state laws, to new copyright and media integrity measures designed to address deepfakes and transparency, and finally to renewed momentum behind patent eligibility and Patent Trial and Appeal Board (PTAB) reform, these developments signal a pivotal moment for innovators, rights holders, and policymakers alike. This article explores three critical fronts shaping the future of IP: federal AI legislation and executive preemption, copyright accountability and media integrity, and the year-end outlook for patent reform—each redefining the balance between innovation, protection, and compliance."

Blondie and Dagwood are entering the public domain, but Betty Boop still may be trapped in copyright jail; The Los Angeles Times, December 30, 2025

 Michael Hiltzik, The Los Angeles Times; Blondie and Dagwood are entering the public domain, but Betty Boop still may be trapped in copyright jail

"Duke’s Jenkins refers to “the harm of the long term — so many works could have been rediscovered earlier.” Moreover, she says, “so many works don’t make it out of obscurity.” The long consignment to the wilderness thwarts “preservation, access, education, creative reuse, scholarship, etc., when most of the works are out of circulation and not benefiting any rights holders.”

Among other drawbacks, she notes, “films have disintegrated because preservationists can’t digitize them.” Many films from the 1930s are theoretically available to the public domain now, but not really because they’ve been lost forever.

What would be the right length of time? “We could have that same experience after a much shorter term,” Jenkins told me. “Looking back at works from the ‘70s and ‘80s has similar excitement for me.” Economic models, she adds, have placed the optimal term at about 35 years.

It’s proper to note that just because something is scheduled to enter the public domain, that doesn’t mean legal wrangling over its copyright protection is settled. 

With recurring characters, for instance, only the version appearing in a given threshold year enters the public domain 95 years later; subsequent alternations or enhancements retain protection until their term is up. That has led to courthouse disputes over just what changes are significant enough to retain copyright for those changes. 

Copyrightable aspects of a character’s evolution that appear in later, still-protected works may remain off-limits until those later works themselves expire,” Los Angeles copyright lawyer Aaron Moss said."

Monday, December 29, 2025

Year in Review: The U.S. Copyright Office; Library of Congress Blogs: Copyright Creativity at Work, December 29, 2025

 George Thuronyi , Library of Congress Blogs: Copyright Creativity at Work; Year in Review: The U.S. Copyright Office

"Shira Perlmutter, Register of Copyrights and Director of the U.S. Copyright Office

As the year draws to a close, I am pleased to recognize an impressive slate of accomplishments at the U.S. Copyright Office. Despite some challenges, including a lengthy government shutdown, the Office continued to produce high-quality work and reliable service to the public—from policy analyses to technology updates; efficient registration, recordation and deposit; and education and outreach. I am grateful for the opportunity to lead such a skilled and dedicated staff.

A central policy focus of the year was further work on the Office’s comprehensive artificial intelligence initiative. In January, we published Part 2 of our report, Copyright and Artificial Intelligence, addressing the copyrightability of works generated using AI. In May, we released a pre-publication version of Part 3, addressing the ingestion of copyrighted works for generative AI training.

A particularly exciting development has been in the area of IT modernization: the launch of more components of the Enterprise Copyright System (ECS). The Office engaged in a successful limited pilot with members of the public of both the eDeposit upload functionality and our most-used registration form, the Standard Application. The development teams are implementing the feedback received, and work has begun on the first ECS group registration application. We also launched the ECS licensing component, which improves the Office’s internal capabilities in administering section 111 of the Copyright Act.

Another ECS component, the new and improved Copyright Public Records System (CPRS), replaced our legacy system as the official Office record in June. More and more pre-1978 historical public records have been digitized and published, with 19,135 copyright record books now available online, amounting to more than 72 percent of the total collection.

The Office also made strides in administration and public service. Our small claims court, the Copyright Claims Board (CCB), completed its third full year, offering a more accessible option for resolving copyright disputes below a certain monetary value. The Office published a rule expediting the process for obtaining a certification of a final determination and initiated a study of the CCB’s operations to be delivered to Congress in 2026.

Our public information and education programs continued to grow. The Office hosted or participated in 190 events and speaking engagements and assisted the public, in both English and Spanish, with responses to 247,484 inquiries in-person and by phone, email, and other communications. We launched a new Registration Toolkit and a Copyright for Kids activity sheet. In September, the Office hosted the International Copyright Institute, our premier weeklong training event for foreign copyright officials, coproduced with the World Intellectual Property Organization (WIPO).

This fall, we responded to a Congressional request on issues relating to performance rights organizations (PROs). And earlier in December, we announced a new group registration option for two-dimensional artwork, responding to the needs of visual artists. The Office also has taken forward the periodic review, mandated by the Music Modernization Act, of the mechanical licensing collective (MLC) and digital licensee coordinator (DLC), to be completed in 2026.

On the litigation front, the Office worked with the Department of Justice to develop and articulate positions in copyright-related cases. One major win was an appellate decision affirming the Office’s rejection of an application to register a work claimed to be produced entirely by artificial intelligence. The D.C. Circuit agreed with our view that human authorship is required for copyright protection.

Collaboration with and advising other federal agencies was again a key part of our interagency work in the international arena. This included participating in WIPO meetings on copyright and contributing to the U.S. Trade Representative’s annual Special 301 Report.

Concurrent with all of this activity, the Office’s provision of our regular services continued apace. Despite furloughs during the six-week lapse in appropriations, we issued 415,780 registrations and recorded 12,310 documents containing 5,704,306 works in fiscal year 2025. All the while, we maintained historically low processing times. We also received and transferred 503,389 copyright deposits, worth more than $57.8 million, to Library of Congress collections.

The Copyright Office remains committed to advancing copyright law and policy and supporting stakeholders in the creation and use of works of authorship. The work of the past year demonstrates the value of a resilient institution, grounded in expertise and public service. We look forward to further achievements in 2026."

Sunday, December 28, 2025

Artificial Intelligence, Copyright, and the Fight for User Rights: 2025 in Review; Electronic Frontier Foundation (EFF), December 25, 2025

TORI NOBLE, Electronic Frontier Foundation (EFF); Artificial Intelligence, Copyright, and the Fight for User Rights: 2025 in Review

"A tidal wave of copyright lawsuits against AI developers threatens beneficial uses of AI, like creative expression, legal research, and scientific advancement. How courts decide these cases will profoundly shape the future of this technology, including its capabilities, its costs, and whether its evolution will be shaped by the democratizing forces of the open market or the whims of an oligopoly. As these cases finished their trials and moved to appeals courts in 2025, EFF intervened to defend fair use, promote competition, and protect everyone’s rights to build and benefit from this technology.

At the same time, rightsholders stepped up their efforts to control fair uses through everything from state AI laws to technical standards that influence how the web functions. In 2025, EFF fought policies that threaten the open web in the California State Legislature, the Internet Engineering Task Force, and beyond."

Friday, December 26, 2025

Disney, Warner Urge Judge Against Tossing AI-Copyright Lawsuit; Bloomberg Law, December 26, 2025

, Bloomberg Law ; Disney, Warner Urge Judge Against Tossing AI-Copyright Lawsuit

"The studios’ said they’d engaged specialists in Singapore and China and were informed service could take eight to 24 months."

Betty Boop, Mickey Mouse works enter the public domain in 2026; Axios, December 26, 2025

Josephine Walker, Axios; Betty Boop, Mickey Mouse works enter the public domain in 2026

"The public will be able to copy and reproduce thousands of copyrighted works from 1930 in the new year, including flirtatious flapper Betty Boop, nine additional Mickey Mouse cartoons and novels from Agatha Christie and William Faulkner.

Why it matters: Copyright violations can run up a hefty price tag — but when works enter the public domain, creatives can legally reimagine American classics.


What they're saying: "To tell new stories, we draw from older ones," Duke Law professors Jennifer Jenkins and James Boyle wrote in an annual survey of works entering the public domain.


"One work of art inspires another — that is how the public domain feeds creativity."

The cultural works becoming public domain in 2026, from Betty Boop to Nancy Drew; NPR, December 26, 2025

 , NPR; The cultural works becoming public domain in 2026, from Betty Boop to Nancy Drew

"A new year means a new parade of classic characters and works entering the public domain.

Under U.S. law, the copyright on thousands of creations from 1930 — including films, books, musical compositions and more — will expire at the stroke of midnight on Jan. 1, 2026, meaning they will be free to use, share and adapt after nearly a century.

"I think this is my favorite crop of works yet, which is saying a lot," says Jennifer Jenkins, the director of Duke University Law School's Center for the Study of the Public Domain, who has compiled an annual list of public domain entrants for over a decade."

Thursday, December 25, 2025

Amazon Prime slammed for streaming ‘It’s a Wonderful Life’ with key scene cut out: ‘Sacrilege’'; New York Post, December 25, 2025

Ariel Zilber, New York Post; Amazon Prime slammed for streaming ‘It’s a Wonderful Life’ with key scene cut out: ‘Sacrilege’

"The existence of the abridged version is rooted not in a creative choice by Amazon, but in the film’s famously tangled copyright history, according to the University of Connecticut.

In 1974, the distributor failed to renew the movie’s copyright, sending “It’s a Wonderful Life” into the public domain.

For nearly two decades, television stations freely aired the film — especially during the holidays — without paying royalties.

But the legal landscape shifted in the 1990s.

While the film itself had fallen into the public domain, the rights to two underlying elements had been properly maintained: the original short story “The Greatest Gift,” by Philip Van Doren Stern, and the musical score by Dimitri Timokin, a UConn legal blog noted.

Republic Pictures, later acquired by Paramount, used those copyrights to effectively reclaim control over the movie’s distribution, arguing that any exhibition of the film required licensing the copyrighted story and music.

The “Pottersville” sequence is the portion most directly adapted from Stern’s story.

Legal experts say the abridged version appears to be a workaround — by removing that specific sequence, distributors may have believed they could avoid infringing on the short story’s copyright while still offering a version of the film."

Tuesday, December 23, 2025

Copyright and AI Battle for the Future; New York State Bar Association (NYSBA), December 23, 2025

 Nyasha Shani Foy, Temidayo Akinjisola and James Parker , New York State Bar Association (NYSBA); Copyright and AI Battle for the Future

"This article will explore the balance of progress and protection at play stemming from the use of AI that may shape the future of copyright law."