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

Friday, January 26, 2024

A Stranger Bought a Set of Highly Personal Letters. Can I Call Him Out?; The Ethicist, The New York Times Magazine, January 25, 2024

  Kwame Anthony Appiah, The Ethicist,The New York Times Magazine ; A Stranger Bought a Set of Highly Personal Letters. Can I Call Him Out?

"From the Ethicist:

It was thoughtless, I agree, to sell off a cache of letters that included some that were intimate and came from living people. The thought of strangers’ digging through letters written in the spirit of love and friendship can be upsetting. That the person who has acquired these letters has failed to grasp this suggests a certain lack of empathy. But it doesn’t establish that he lacks a moral sense, because you don’t really have any idea what he plans to do with this material. 

And there are constraints on this. When you acquire letters, you don’t thereby acquire the copyright in those letters, and copyright protection typically lasts until 70 years after the author’s death. So he has to deal with the murky issue of what counts as the “fair use” of such intellectual property. There are also a few privacy torts that individuals can try to pursue in the courts (e.g., intrusion upon seclusion; public disclosure of private facts). Even though he isn’t a party to a covenant of confidentiality, as someone in A.A. is, it remains true that, as you imply, exposing details of the intimate lives of private people is generally wrong."

George Carlin Estate Sues Creators of AI-Generated Comedy Special in Key Lawsuit Over Stars’ Likenesses; The Hollywood Reporter, January 25, 2024

 Winston Cho, The Hollywood Reporter ; George Carlin Estate Sues Creators of AI-Generated Comedy Special in Key Lawsuit Over Stars’ Likenesses

"The complaint seeks a court order for immediate removal of the special, as well as unspecified damages. It’s among the first legal actions taken by the estate of a deceased celebrity for unlicensed use of their work and likeness to manufacture a new, AI-generated creation and was filed as Hollywood is sounding the alarm over utilization of AI to impersonate people without consent or compensation...

According to the complaint, the special was created through unauthorized use of Carlin’s copyrighted works.

At the start of the video, it’s explained that the AI program that created the special ingested five decades of Carlin’s original stand-up routines, which are owned by the comedian’s estate, as training materials, “thereby making unauthorized copies” of the copyrighted works...

If signed into law, the proposal, called the No AI Fraud Act, could curb a growing trend of individuals and businesses creating AI-recorded tracks using artists’ voices and deceptive ads in which it appears a performer is endorsing a product. In the absence of a federal right of publicity law, unions and trade groups in Hollywood have been lobbying for legislation requiring individuals’ consent to use their voice and likeness."

The Sleepy Copyright Office in the Middle of a High-Stakes Clash Over A.I.; The New York Times, January 25, 2024

  Cecilia Kang, The New York Times; The Sleepy Copyright Office in the Middle of a High-Stakes Clash Over A.I.

"For decades, the Copyright Office has been a small and sleepy office within the Library of Congress. Each year, the agency’s 450 employees register roughly half a million copyrights, the ownership rights for creative works, based on a two-centuries-old law.

In recent months, however, the office has suddenly found itself in the spotlight. Lobbyists for Microsoft, Google, and the music and news industries have asked to meet with Shira Perlmutter, the register of copyrights, and her staff. Thousands of artists, musicians and tech executives have written to the agency, and hundreds have asked to speak at listening sessions hosted by the office.

The attention stems from a first-of-its-kind review of copyright law that the Copyright Office is conducting in the age of artificial intelligence. The technology — which feeds off creative content — has upended traditional norms around copyright, which gives owners of books, movies and music the exclusive ability to distribute and copy their works.

The agency plans to put out three reports this year revealing its position on copyright law in relation to A.I. The reports are set to be hugely consequential, weighing heavily in courts as well as with lawmakers and regulators."

Wednesday, January 10, 2024

Lifecycle of Copyright: 1928 Works in the Public Domain; Library of Congress Blogs: Copyright Creativity at Work, January 8, 2024

 Alison Hall , Library of Congress Blogs: Copyright Creativity at Work; Lifecycle of Copyright: 1928 Works in the Public Domain

"This blog also includes contributions from Jessica Chinnadurai, attorney-advisor, and Rafael Franco, writer-editor intern in the Copyright Office.

Over the last several years, we have witnessed a new class of creative works entering the public domain in the United States each January 1. This year, a variety of works published in 1928, ranging from motion pictures to music to books, joined others in the public domain. The public domain has important historical and cultural benefits in the lifecycle of copyright...

Below are just a few of the historical and cultural works that entered the public domain in 2024."

Tuesday, January 9, 2024

How John Deere Hijacked Copyright Law To Keep You From Tinkering With Your Tractor; Reason, January 8, 2024

  , Reason; How John Deere Hijacked Copyright Law To Keep You From Tinkering With Your Tractor

"For nearly 25 years, Section 1201 has been hanging over the developers and distributors of tools that give users more control over the products they own. The ways in which John Deere and other corporations have used the copyright system is a glaring example of regulatory capture in action, highlighting the absurdity of a system where owning a product doesn't necessarily convey the right to fully control it. There are certainly circumstances where the manufacturers are justified in protecting their products from tampering, but such cases should be handled through warranty nullification and contract law, not through exorbitant fines and lengthy prison sentences."

Saturday, January 6, 2024

AI’s future could hinge on one thorny legal question; The Washington Post, January 4, 2024

 

, The Washington Post; AI’s future could hinge on one thorny legal question

"Because the AI cases represent new terrain in copyright law, it is not clear how judges and juries will ultimately rule, several legal experts agreed...

“Anyone who’s predicting the outcome is taking a big risk here,” Gervais said...

Cornell’s Grimmelmann said AI copyright cases might ultimately hinge on the stories each side tells about how to weigh the technology’s harms and benefits.

“Look at all the lawsuits, and they’re trying to tell stories about how these are just plagiarism machines ripping off artists,” he said. “Look at the [AI firms’ responses], and they’re trying to tell stories about all the really interesting things these AIs can do that are genuinely new and exciting.”"

Wednesday, January 3, 2024

Tuesday, January 2, 2024

Copyright law is AI's 2024 battlefield; Axios, January 2, 2023

Megan Morrone , Axios; Copyright law is AI's 2024 battlefield

"Looming fights over copyright in AI are likely to set the new technology's course in 2024 faster than legislation or regulation.

Driving the news: The New York Times filed a lawsuit against OpenAI and Microsoft on December 27, claiming their AI systems' "widescale copying" constitutes copyright infringement.

The big picture: After a year of lawsuits from creators protecting their works from getting gobbled up and repackaged by generative AI tools, the new year could see significant rulings that alter the progress of AI innovation. 

Why it matters: The copyright decisions coming down the pike — over both the use of copyrighted material in the development of AI systems and also the status of works that are created by or with the help of AI — are crucial to the technology's future and could determine winners and losers in the market."

Sunday, December 31, 2023

Court of Appeal ruling will prevent UK museums from charging reproduction fees—at last; The Art Newspaper, December 29, 2023

 Bendor Grosvenor , The Art Newspaper; Court of Appeal ruling will prevent UK museums from charging reproduction fees—at last

"A recent judgement on copyright in the Court of Appeal (20 November) heralds the end of UK museums charging fees to reproduce historic artworks. In fact, it suggests museums have been mis-selling “image licences” for over a decade. For those of us who have been campaigning on the issue for years, it is the news we’ve been waiting for.

The judgement is important because it confirms that museums do not have valid copyright in photographs of (two-dimensional) works which are themselves out of copyright. It means these photographs are in the public domain, and free to use.

Museums use copyright to restrict the circulation of images, obliging people to buy expensive licences. Any thought of scholars sharing images, or using those available on museum websites, was claimed to be a breach of copyright. Not surprisingly, most people paid up. Copyright is the glue that holds the image fee ecosystem in place.

What has now changed? Museums used to rely on the 1988 Copyright, Designs and Patents Act, which placed a low threshold on how copyright was acquired; essentially, if some degree of “skill and labour” was involved in taking a photograph of a painting, then that photograph enjoyed copyright. But subsequent case law has raised the bar, as the new Appeal Court judgement makes clear."

Boom in A.I. Prompts a Test of Copyright Law; The New York Times, December 30, 2023

 J. Edward Moreno , The New York Times; Boom in A.I. Prompts a Test of Copyright Law

"The boom in artificial intelligence tools that draw on troves of content from across the internet has begun to test the bounds of copyright law...

Data is crucial to developing generative A.I. technologies — which can generate text, images and other media on their own — and to the business models of companies doing that work.

“Copyright will be one of the key points that shapes the generative A.I. industry,” said Fred Havemeyer, an analyst at the financial research firm Macquarie.

A central consideration is the “fair use” doctrine in intellectual property law, which allows creators to build upon copyrighted work...

“Ultimately, whether or not this lawsuit ends up shaping copyright law will be determined by whether the suit is really about the future of fair use and copyright, or whether it’s a salvo in a negotiation,” Jane Ginsburg, a professor at Columbia Law School, said of the lawsuit by The Times...

Competition in the A.I. field may boil down to data haves and have-nots...

“Generative A.I. begins and ends with data,” Mr. Havemeyer said."

Disney loses famous Mickey Mouse copyright in 2024, along with many others; CBS News, December 30, 2023

 CBS News ; Disney loses famous Mickey Mouse copyright in 2024, along with many others

"Copyright protections on many well-known books, films and musical compositions are set to expire in 2024. Disney's Mickey Mouse is getting a lot of attention as one famous iteration of the classic mouse is set to enter the public domain. CBS News' Jo Ling Kent has the story."

Friday, December 29, 2023

Testing Ethical Boundaries. The New York Times Sues Microsoft And OpenAI On Copyright Concerns; Forbes, December 29, 2023

 Cindy Gordon, Forbes; Testing Ethical Boundaries. The New York Times Sues Microsoft And OpenAI On Copyright Concerns

"We have at least seen Apple announce an ethical approach to discussing upfront with the US Media giants their interest in partnering on AI generative AI training needs and finding new revenue sharing models.

Smart Move by Apple...

The court’s rulings here will be critical to advance ethical AI practices and guard rails on what is “fair” versus predatory.

We have too many leadership behaviors that encroach on others Intellectual Property (IP) and try to mask or muddy the authenticity of communication and sources of origination of ideas and content.

I for one will be following these cases closely and this also sends a wake -up call to all technology titans, and technology industry leaders that respect, integrity and transparency on operating practices need an ethical overhauling.

One of the important leadership behaviors is risk management and looking at all stakeholder views and appreciating the risks that can be incurred. I am keen to see how Apple approaches these dynamics to build a stronger ethical brand profile."

Thursday, December 28, 2023

Complaint: New York Times v. Microsoft & OpenAI, December 2023

Complaint

THE NEW YORK TIMES COMPANY Plaintiff,

v.

MICROSOFT CORPORATION, OPENAI, INC., OPENAI LP, OPENAI GP, LLC, OPENAI, LLC, OPENAI OPCO LLC, OPENAI GLOBAL LLC, OAI CORPORATION, LLC, and OPENAI HOLDINGS, LLC,

Defendants

AI starts a music-making revolution and plenty of noise about ethics and royalties; The Washington Times, December 26, 2023

Tom Howell Jr. , The Washington Times ; AI starts a music-making revolution and plenty of noise about ethics and royalties

"“Music’s important. AI is changing that relationship. We need to navigate that carefully,” said Martin Clancy, an Ireland-based expert who has worked on chart-topping songs and is the founding chairman of the IEEE Global AI Ethics Arts Committee...

The Biden administration, the European Union and other governments are rushing to catch up with AI and harness its benefits while controlling its potentially adverse societal impacts. They are also wading through copyright and other matters of law.

Even if they devise legislation now, the rules likely will not go into effect for years. The EU recently enacted a sweeping AI law, but it won’t take effect until 2025.

“That’s forever in this space, which means that all we’re left with is our ethical decision-making,” Mr. Clancy said.

For now, the AI-generated music landscape is like the Wild West. Many AI-generated songs are hokey or just not very good."

Wednesday, December 27, 2023

Classical Musicians Victimized by Erroneous Copyright Claims; Violinist.com, December 19, 2023

 Laurie Niles, Violinist.com; Classical Musicians Victimized by Erroneous Copyright Claims

""One or more actions were applied to your video because of a copyright match."

This was just one of two copyright claims that Amy Beth Horman received from Facebook Thursday, disputing ownership of videos of her daughter's violin performances. First, she received a copyright claim for a video of Ava's live performance of the Mendelssohn Violin Concerto this week. Then, she got another for video she had posted in 2020 of then-10-year-old Ava performing "Meditation from Thais." These are both classical works that are in the public domain - not subject to copyright.

Nonetheless, classical musicians receive these kinds of dreaded messages on a regular basis if they post videos of their performances on social media outlets such as Facebook, Instagram or YouTube.

Has the musician violated anyone's copyright? Almost never. These are automated copyright claims created by bots on behalf of big companies like Sony Music Entertainment, Warner Music Group or Universal Music. If the bot finds that your performance has approximately the same notes and timing as one in their catalogue, they then claim that they own rights to your recording. But musicians have every right to perform and post a public domain work. Even so, musicians often find their recordings muted, earnings from ads on their performances given instead to the company filing the erroneous claim, and threats of having their accounts suspended or banned."

Tuesday, December 26, 2023

Column: Mickey Mouse and ‘Lady Chatterley’s Lover’ enter the public domain on Jan. 1, a reminder of our crazy copyright laws; Los Angeles Times, December 26, 2023

MICHAEL HILTZIK, Los Angeles Times ; Column: Mickey Mouse and ‘Lady Chatterley’s Lover’ enter the public domain on Jan. 1, a reminder of our crazy copyright laws

"Once a work enters the public domain, Jenkins says, “community theaters can screen the films. Youth orchestras can perform the music publicly, without paying licensing fees. Online repositories such as the Internet Archive, HathiTrust, Google Books, and the New York Public Library can make works fully available online. This helps enable access to cultural materials that might otherwise be lost to history. ... Anyone can rescue them from obscurity and make them available, where we can all discover, enjoy, and breathe new life into them.”

In some cases, extended copyright seems to work against the public interest. Consider the stringent control exercised by the estate of the Rev. Martin Luther King Jr. — mostly his children — over his speeches and writings such as the “I Have a Dream” speech he delivered in Washington, D.C., on Aug. 28, 1963...

The irony of the term extension is that Disney, which pushed so hard to keep its own creations out of the public domain, is perhaps our most assiduous exploiter of, yes, the public domain.

The core material of some of its most successful and profitable movies comes from Hans Christian Andersen, Shakespeare, Lewis Carroll and Charles Perrault — often freely reimagined and rewritten by Disney artists and writers. 

Disney’s “Fantasia” mined musical history for compositions by Bach and Beethoven, but if the copyright terms Disney pushed for in 1998 were in place when the film was made in 1940, the compositions used in the film by Stravinsky, Ponchielli, Dukas, Tchaikovsky and Mussorgsky would still be under copyright protection. If Disney had to pay licensing fees to those creators, the film probably could not have been made."

Saturday, December 23, 2023

Mickey Mouse, Long a Symbol in Copyright Wars, to Enter Public Domain: ‘It’s Finally Happening’; Variety, December 22, 2023

Gene Maddaus, Variety; Mickey Mouse, Long a Symbol in Copyright Wars, to Enter Public Domain: ‘It’s Finally Happening’

"Every Jan. 1, Jenkins celebrates Public Domain Day, publishing a long list of works that are now free for artists to remix and reimagine. This year’s list includes Tigger, who, like Mickey Mouse, made his first appearance in 1928. Other 1928 works include “Lady Chatterley’s Lover,” “All Quiet on the Western Front” and Buster Keaton’s “The Cameraman.” 

The celebrations are relatively recent. After Congress extended copyright terms in 1998, 20 years went by when nothing entered the public domain. Works began to lose copyright protection again in 2019, and since then, it’s been open season on “The Great Gatsby,” “Rhapsody in Blue” and Winnie the Pooh...

Lessig fought the extension all the way to the Supreme Court. He argued that Congress might keep granting extensions, thwarting the constitutional mandate that copyrights be “for limited times.” He lost, 7-2, but the debate helped advance the movement for Creative Commons and an appreciation for the benefits of “remix culture.”

“That movement awoke people to the essential need for balance in this,” Lessig said. “At the beginning of this fight, it was a simple battle between the pirates and the property owners. And by the end of that period, people recognized that there’s a much wider range of interests that were involved here, like education and access to knowledge.”...

He continues to support reforms that would free up a vast body of cultural output that remains inaccessible because it lacks commercial value and its ownership cannot be determined."

Monday, December 18, 2023

AI could threaten creators — but only if humans let it; The Washington Post, December 17, 2023

 , The Washington Post; AI could threaten creators — but only if humans let it

"A broader rethinking of copyright, perhaps inspired by what some AI companies are already doing, could ensure that human creators get some recompense when AI consumes their work, processes it and produces new material based on it in a manner current law doesn’t contemplate. But such a shift shouldn’t be so punishing that the AI industry has no room to grow. That way, these tools, in concert with human creators, can push the progress of science and useful arts far beyond what the Framers could have imagined."

Sunday, December 17, 2023

Marvel Settles Fight Over Spider-Man, Doctor Strange Rights; The Hollywood Reporter, December 8, 2023

Ashley Cullins, The Hollywood Reporter; Marvel Settles Fight Over Spider-Man, Doctor Strange Rights

"It looks like Marvel won’t be bringing its battle over the rights to Spider-Man and Doctor Strange into the new year. Attorneys for the company and the estate of Steve Ditko on Wednesday notified the court that they’ve reached an amicable settlement and expect a stipulation of dismissal with prejudice to be filed in the coming weeks.

This all started back in 2021, when Marvel filed a series of lawsuits in response to copyright termination notices from Larry Lieber and the estates of Gene Colan, Steve Ditko, Don Heck and Don Rico. A very long list of characters were at issue, including Iron Man, Captain America, Black Widow, Hulk and Thor. In June, all but one of the matters settled."

Friday, December 15, 2023

Copyright Board Upholds Latest Refusal to Register AI Generated Art; The Fashion Law (TFL), December 12, 2023

  ; Copyright Board Upholds Latest Refusal to Register AI Generated Art

"The Office primarily refused to register the work on the basis that it “lacks the human authorship necessary to support a copyright claim.” Specifically, the Office stated that despite Sahni’s claim that the work includes some human creative input, the work is not registrable, as “this human authorship cannot be distinguished or separated from the final work produced by the computer program.” 

Following an initial request for reconsideration, in which Sahni argued that “the human authorship requirement does not and cannot mean a work must be created entirely by a human author,” the Copyright Office again concluded that the work could not be registered, as it “is a derivative work that does not contain enough original human authorship to support a registration.” The Office found that “the new aspects of the [SURYAST] work were generated by ‘the RAGHAV app, and not Mr. Sahni – or any other human author,'” making it so that the “derivative authorship was not the result of human creativity or authorship” and therefore, not registrable."