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

Wednesday, March 11, 2026

Can coding agents relicense open source through a “clean room” implementation of code?; Simon Willison's Weblog, March 5, 2026

Simon Willison's Weblog ; Can coding agents relicense open source through a “clean room” implementation of code?

"Can a model trained on a codebase produce a morally or legally defensible clean-room implementation?"

‘AN IMPORTANT STEP’: EUROPEAN PARLIAMENT ADOPTS REPORT ON COPYRIGHT AND GENERATIVE AI; Billboard, March 11, 2026

Lars Brandle , Billboard; ‘AN IMPORTANT STEP’: EUROPEAN PARLIAMENT ADOPTS REPORT ON COPYRIGHT AND GENERATIVE AI

"Two years after the European Parliament passed the Artificial Intelligence Act, MEPs this week finally adopted a report on copyright and generative AI.

On Tuesday, March 10, Parliament passed its resolution on “Copyright and generative artificial intelligence – opportunities and challenges” with an overwhelming majority of 460 votes to 71, and with 88 abstentions.

The report calls for the EU and its 27 member states to focus on the crucial issues of how AI and tech companies engage with copyright-protected music in the digital age, and explores a licensing system as a solution, paving the way for fair compensation for the use of creative works."

Tuesday, March 10, 2026

Nielsen's Gracenote sues OpenAI for copyright infringement; Axios, March 10, 2026

 Sara Fischer, Axios; Nielsen's Gracenote sues OpenAI for copyright infringement

"How it works: Gracenote employs hundreds of editors who use human insight and judgment to create millions of narrative descriptions, original video descriptors, unique identifiers and other program identifiers that TV providers and other clients can use to help customers discover content. 

For example, Gracenote editors described HBO's "Game of Thrones" as "the depiction of two power families — kings and queens, knights and renegades, liars and honest men — playing a deadly game of control of the Seven Kingdoms of Westeros, and to sit atop the Iron Throne."

In the lawsuit, Gracenote alleges OpenAI scraped and used a near-exact copy of that descriptor when prompted by a ChatGPT user to describe "Game of Thrones." 

It provides several other examples where, with minimal prompting, OpenAI's various ChatGPT models recite large portions of Gracenote's program descriptions verbatim. 

Between the lines: Gracenote's entire Programs Database, which includes its metadata and the proprietary relational map its editors use to connect that data, is registered with the U.S. Copyright Office."

Celebrating the Public Domain; ABA, January 29, 2026

Jennifer Jenkins and James Boyle, ABA ; Celebrating the Public Domain

"How does the public domain feed creativity? Here are just three examples. In 2025, you may have enjoyed Guillermo del Toro’s Frankenstein, derived from Mary Shelley’s novel, or Wicked: For Good, derived from L. Frank Baum’s The Wonderful Wizard of Oz. From the literary realm in 2024, Percival Everett’s novel James reimagined Mark Twain’s Adventures of Huckleberry Finn from the perspective of Jim, Huckleberry’s friend who is an escaped slave. The novel won the 2024 National Book Award and Kirkus Prize and was a finalist for the Booker Prize. As summed up by a New York Times review: “‘Huck Finn’ Is a Masterpiece. This Retelling Just Might Be, Too.”  

Mark Twain famously wanted copyright to last forever. If he had his wish, would his heirs have sued Everett? Thankfully, we did not have to find out, and Everett could publish James without such litigation. When author Alice Randall sought to revisit Gone with the Wind from the slaves’ perspective in The Wind Done Gone (2001), she was sued for copyright infringement. Gone with the Wind is copyrighted until 2032, and Randall only won the right to publish her work after a stressful and expensive lawsuit.  

The newly public domain works from 1930 also illustrate how the public domain nurtures creativity. One of the best exemplars is Disney itself, whose beloved works, from Snow White and Cinderella to The Jungle Book and Sleeping Beauty, have consistently built upon the public domain. In 2026, copyright expired over nine early Mickey Mouse films. One of the things that made them so popular was their ingenious reuse of music. At the time, synchronizing moving images with sound was still new, and Walt Disney (correctly) predicted that sound films were the future. Steamboat Willie had pioneered a technique that would even become known as “mickey mousing”—synchronizing music with what was occurring on screen."

Thousands of authors publish ‘empty’ book in protest over AI using their work; The Guardian, March 10, 2026

 , The Guardian; Thousands of authors publish ‘empty’ book in protest over AI using their work

"Thousands of authors including Kazuo Ishiguro, Philippa Gregory and Richard Osman have published an “empty” book to protest against AI firms using their work without permission.

About 10,000 writers have contributed to Don’t Steal This Book, in which the only content is a list of their names. Copies of the work are being distributed to attenders at the London book fair on Tuesday, a week before the UK government is due to issue an assessment on the economic cost of proposed changes in copyright law."

Saturday, March 7, 2026

Publishers Charge Anna’s Archive with Copyright Infringement; Publishers Weekly, March 6, 2026

 Jim Milliot  , Publishers Weekly; Publishers Charge Anna’s Archive with Copyright Infringement

"A group of publishers including the Big Five is taking legal action to prevent the pirate website Anna’s Archive from illegally copying and selling their copyrighted material.

In a filing made March 6 in the U. S. District Court for the Southern District of New York, 13 book and journal publishers filed suit seeking a permanent injunction to stop Anna’s Archive from copying and distributing millions of infringing files. The suit highlights the magnitude of the material Anna’s Archive has stolen and the unorthodox methods it uses to monetize the material.

In a separate lawsuit brought by Atlantic Recording Corp. in December alleging Anna’s Archive had stolen thousands of audio files from the record label, Atlantic alleged that the website also purported to host “61,344,044 books” and “95,527,824 papers,” as of the December 29, 2025 filing date.

The publishers’ complaint alleges that Anna’s Archive has added over 2 million books and 100,000 papers since Atlantic filed its complaint was filed. The ongoing infringement is in keeping with Anna’s Archive’s goal “to take all the books in the world,” according to the publishers’ complaint."

Thursday, March 5, 2026

A Long-Running AI Copyright Question Gets an Answer as Supreme Court Stays Mum; CNET, March 4, 2026

 Omar Gallaga, CNET ; A Long-Running AI Copyright Question Gets an Answer as Supreme Court Stays Mum

The man behind the AI-generated image in question reflects on what he calls a "philosophical milestone."

"A legal battle over AI copyright that has gone on for more than a decade may have reached its end, with the US Supreme Court declining to hear a case involving AI-generated visual art...

In an email to CNET, Thaler said that although the court declined to hear his appeal, "I see this moment as a philosophical milestone rather than a defeat."

While he's unsure if legal action will continue, Thaler says he's still certain that the law on copyright, as written, is intended to exclude nonhuman inventors.

"By bringing DABUS into the legal system, I confronted a question long confined to theory: whether invention and creativity must remain tied to humans or whether autonomous computational processes could genuinely originate ideas," Thaler said."

Tuesday, March 3, 2026

Exploring the Library of Congress’ National Screening Room: A vast collection of free online films; WTOP News, March 3, 2026

 Matt Kaufax |, WTOP News ; Exploring the Library of Congress’ National Screening Room: A vast collection of free online films

"The National Screening Room is an online project of the Library of Congress, spearheaded by the audiovisual conservation operation happening at the library’s Packard Campus in Culpeper, Virginia.

If you click around the website, you’ll find it has a little bit of everything.

You might find classic cartoons like a 1936 short of “Popeye” next to a cut of the Claymation movie “Peter Cottontail” from 1971. Or you’ll stumble upon color footage of World War II from 1945, next to a tape of a Rolling Stones performance from the 1960s. Then, one more scroll of your mouse leads you to an episode of “The Danny Kaye Show” from 1965."

US Supreme Court declines to hear dispute over copyrights for AI-generated material; Reuters, March 2, 2026

 , Reuters; US Supreme Court declines to hear dispute over copyrights for AI-generated material

"The U.S. Supreme Court declined on Monday to take up the ​issue of whether art generated by artificial intelligence can be copyrighted under U.S. law, turning ‌away a case involving a computer scientist from Missouri who was denied a copyright for a piece of visual art made by his AI system.

Plaintiff Stephen Thaler had appealed to the justices after lower courts upheld a U.S. Copyright Office ​decision that the AI-crafted visual art at issue in the case was ineligible for copyright protection ​because it did not have a human creator."

Tuesday, February 24, 2026

YouTuber sues Runway AI in latest copyright class action over AI training; Reuters, February 24, 2026

, Reuters; YouTuber sues Runway AI in latest copyright class action over AI training

"Artificial intelligence video startup Runway AI has been hit with a proposed class action lawsuit in California federal court for allegedly misusing YouTube content to train its video generation platform.

YouTube creator David Gardner said in the complaint filed in Los Angeles on Monday, that Runway bypassed YouTube's copyright protections to illegally download user videos for its AI training."

9th Circuit Says No Copyright in Tracy Anderson, Megan Roup Workout Battle; The Fashion Law, February 24, 2026

 TFL, The Fashion Law; 9th Circuit Says No Copyright in Tracy Anderson, Megan Roup Workout Battle

"In the latest chapter of a closely-watched fitness industry feud, a federal appeals court handed Megan Roup a decisive victory in her copyright battle with rival trainer Tracy Anderson, affirming that Anderson’s dance-cardio routines are not protectable under federal copyright law. In a newly-issued memorandum, the U.S. Court of Appeals for the Ninth Circuit upheld the lower court’s grant of summary judgment in Roup’s favor, concluding that the so-called “TA Method” amounts to a functional fitness system rather than protectable choreography...

The Ninth Circuit’s ruling sends a clear message to fitness entrepreneurs: branding a workout as proprietary, scientific, or even choreographed will not convert a functional exercise system into a protectable work of authorship. For an industry built on personality-driven empires and carefully curated “methods,” the decision makes clear how limited a role copyright can play in safeguarding competitive advantage. With that in mind, parties like Anderson and Roup will have to rely on trademarks, trade secrets, and as this case illustrates, carefully drafted employment agreements, to protect their intellectual capital.

For now, Roup has secured a meaningful appellate win. And for Anderson, whose cult-followed method helped define boutique fitness in the 2000s, the fight continues – albeit on the contract (not copyright) front.

The case is Tracy Anderson Mind and Body, LLC, et al. v. Megan Roup, et al., 2:22-cv-04735 (C.D. Cal.) "

Hollywood studios escalate dispute over ByteDance’s ‘pervasive copyright infringement’ with its AI tools; Los Angeles Times, February 23, 2026

 Cerys Davies, Los Angeles Times; Hollywood studios escalate dispute over ByteDance’s ‘pervasive copyright infringement’ with its AI tools

"Following the lead of several major Hollywood studios, the Motion Picture Assn. has sent its own cease-and-desist letter to ByteDance, the company behind the controversial artificial-intelligence video generator Seedance 2.0.

The trade association, which represents the interests of major film and TV studios, sent a notice to the Chinese company, reflecting its members’ collective response to “ByteDance’s pervasive copyright infringement.” MPA argues that Seedance’s unauthorized use of copyrighted materials is a “feature, not a bug.” 

The letter, sent Friday, marks the first time the MPA has forwarded a cease-and-desist to a major AI firm and represents a further escalation of tensions between the entertainment industry and an AI company."

Friday, February 20, 2026

Tillis and Schiff Want Answers from ALI on Mass Resignations Around Latest Copyright Restatement Project; IP Watchdog, February 20, 2026

 EILEEN MCDERMOTT, IP Watchdog; Tillis and Schiff Want Answers from ALI on Mass Resignations Around Latest Copyright Restatement Project

"Senators Thom Tillis (R-NC) and Adam Schiff (D-CA), the Chairman and Ranking Member of the Senate Judiciary Committee’s Subcommittee on Intellectual Property, respectively, sent a letter on Thursday to Director of the American Law Institute (ALI) Diane Wood asking for answers to 14 questions about the latest Copyright Restatement Project.

The letter follows mass resignations from the project last year over concerns about the final approved product. Specifically, key copyright proponents resigned over what one of those who resigned, Copyright Alliance CEO Keith Kupferschmid, referred to as “a general undercurrent of anti-copyright sentiment that…manifests itself through a disproportionate focus on atypical court decisions that limit the scope of copyright protection.”

There has been vocal criticism of the project from copyright circles, including the Copyright Office, for years."

Thursday, February 19, 2026

Wednesday, February 18, 2026

1970 No. 1 Hit Song Sparked the Decade’s Biggest Copyright Lawsuit; Men's Journal, February 17, 2026

MATTHEW THOMAS, Men's Journal; 1970 No. 1 Hit Song Sparked the Decade’s Biggest Copyright Lawsuit

"On November 28, 1970, George Harrison’s “My Sweet Lord/Isn’t It a Pity” reached number 1 on the Billboard chart together. The songs would hold that top slot for 4 weeks and spend 14 weeks on the charts in total.

“My Sweet Lord” soon spawned an infamous “subconscious plagiarism” legal fight that resulted in a landmark ruling that still profoundly affects the music industry today."

Tuesday, February 17, 2026

Why an A.I. Video of Tom Cruise Battling Brad Pitt Spooked Hollywood; The New York Times, February 16, 2026

 , The New York Times; Why an A.I. Video of Tom Cruise Battling Brad Pitt Spooked Hollywood

 "Charles Rivkin, the chairman and chief executive of the Motion Picture Association, called on ByteDance to “immediately cease its infringing activity,” saying in a statement that Seedance 2.0 had engaged in the unauthorized use of copyrighted works on a “massive scale.” Human Artistry Campaign, a global coalition that advocates using A.I. “with respect for the irreplaceable artists, performers and creatives,” said on social media that unauthorized works generated by Seedance 2.0 violated the “most basic aspects of personal autonomy.”

Disney, which in a watershed $1 billion deal last year agreed to allow OpenAI’s Sora users to generate video content with its characters, sent a cease-and-desist letter to ByteDance, accusing it of supplying Seedance with a “pirated library” of Disney’s characters — “as if Disney’s coveted intellectual property were free public-domain clip art.”

ByteDance, which also owns TikTok and has been valued at $480 billion in the private markets, said in a statement that it respected intellectual property rights and was aware of the concerns about Seedance."

Monday, February 16, 2026

ByteDance says it will add safeguards to Seedance 2.0 following Hollywood backlash; CNBC, February 16, 2026

 Dylan Butts, CNBC; ByteDance says it will add safeguards to Seedance 2.0 following Hollywood backlash

"Chinese tech giant ByteDance has said it will strengthen safeguards on a new artificial intelligence video-making tool, following complaints of copyright theft from entertainment giants. 

The tool, Seedance 2.0, enables users to create realistic videos based on text prompts. However, viral videos shared online appear to show copyrighted characters and celebrity likenesses, raising intellectual property concerns in the U.S. 

“ByteDance respects intellectual property rights and we have heard the concerns regarding Seedance 2.0,” a company spokesperson said in a statement shared with CNBC."

Saturday, February 14, 2026

How ‘Nirvanna the Band the Show the Movie’ pushed the limits of copyright law to create its most WTF moments; Page Six Hollywood, February 14, 2026

Katcy Stephan, Page Six Hollywood; How ‘Nirvanna the Band the Show the Movie’ pushed the limits of copyright law to create its most WTF moments

"“Nirvanna the Band the Show the Movie,” the latest mockumentary collaboration between director Matt Johnson and composer Jay McCarrol, probably shouldn’t exist. The film features extended parodies that carefully skirt copyright law, a stunt that sees the duo literally dive off Toronto’s CN tower and at least two dozen more moments that will leave audiences asking “How the hell is this legal?” 

It’s a miracle the film made it to screens at all."

Scoop: Disney sends cease and desist letter to ByteDance over Seedance 2.0; Axios, February 13, 2026

 Sara Fischer, Axios; Scoop: Disney sends cease and desist letter to ByteDance over Seedance 2.0

"The Walt Disney Company on Friday sent a cease-and-desist letter to ByteDance, alleging the Chinese tech giant has been infringing on its works to train and develop an AI video generation model without compensation, according to a copy of the letter obtained by Axios.

Why it matters: It's the most serious action a Hollywood studio has taken so far against ByteDance since it launched Seedance 2.0 on Thursday. 

Zoom in: The letter, addressed to ByteDance global general counsel John Rogovin, accuses ByteDance of pre-packaging its Seedance service "with a pirated library of Disney's copyrighted characters from Star Wars, Marvel, and other Disney franchises, as if Disney's coveted intellectual property were free public domain clip art." 


"Over Disney's well-publicized objections, ByteDance is hijacking Disney's characters by reproducing, distributing, and creating derivative works featuring those characters. ByteDance's virtual smash-and-grab of Disney's IP is willful, pervasive, and totally unacceptable," Disney's outside attorney David Singer wrote. 


"We believe this is just the tip of the iceberg – which is shocking considering Seedance has only been available for a few days," he added.


Between the lines: The letter includes a slew of examples of infringing Seedance videos that feature Disney's copyrighted characters, including Spider-Man, Darth Vader, Star Wars' Grogu (Baby Yoda), Peter Griffin from Family Guy and others."