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Features

Authorship and Copyright In Hybrid AI-Human Collaborative Works Image

Authorship and Copyright In Hybrid AI-Human Collaborative Works

Aaron Dunn & Chris King

The United States Copyright Office recently issued a letter ruling on the copyrightability of Kristina Kashtanova's comic book-like work, Zarya of the Dawn. The Kashtanova ruling indicates that the Copyright Office's determination of copyrightability of works involving use of AI will rely on whether the author is able to control and foresee with some measure of predictability the output of the authorial process

Features

Music Publishing and Recording Rates and Royalties 2023: Past, Present and Future Image

Music Publishing and Recording Rates and Royalties 2023: Past, Present and Future

Jeff Brabec & Todd Brabec

Part Two of a Two-Part Article In the United States and in most foreign countries, the "performance right" is one of the most important rights of copyright and, in many cases, the most lucrative. In the United States, there is no statutory license under the Copyright Act for this right. Songwriters, composers, lyricists (jointly "writers") and music publishers join these organizations, which in turn negotiate licenses with the users of music, collect the license fees from those users and distribute the monies to writers and publishers based on surveys of performances, specific payment schedules and distribution rules, as well as other factors.

Features

11th Circuit Joins Controversy Among Circuits on Copyright Damages Look Back Image

11th Circuit Joins Controversy Among Circuits on Copyright Damages Look Back

Michael A. Mora

The federal appellate court in Atlanta, GA, in a case of first impression "that has divided our sister courts" over the U.S. Copyright Act's §507(b) statute of limitations on recovering damages beyond three years of a copyright lawsuit filing, just added to that division.

Features

Music Rates and Royalties 2023: Past, Present and Future Image

Music Rates and Royalties 2023: Past, Present and Future

Jeff Brabec & Todd Brabec

Part One of a Two Part Article Analysis of the most important music rate and royalty areas, both past, present and future and how and by whom they are set or determined as well as the effect that legislation, litigation, the Copyright Royalty Board and the Department of Justice have had on the process.

Features

Getty Images' Suit Over AI Generator Image

Getty Images' Suit Over AI Generator

Isha Marathe

The magical world of AI-generated art has become more mainstream over the past few months. There has also been some backlash against the industry, including brewing class action lawsuits alleging copyright violations and resistance from online artist communities. But until recently, a substantial legal threat was yet to emerge against the technology that underpins artificial-intelligence art.

Features

Handling IP Ownership Issues In Remote Work Image

Handling IP Ownership Issues In Remote Work

Sarah Schaedler & Jennifer T. Criss

Even with legal assumptions that certain intellectual property rights in works created by employees are owned by the employer, these should not be relied upon exclusively. A well-drafted employee-agreement form is increasingly essential in light of the explosive growth of remote and flexible work arrangements.

Features

Music Rates and Royalties In 2023 Image

Music Rates and Royalties In 2023

Jeff Brabec & Todd Brabec

Part One of a Two Part Article A look at the most important music rate and royalty areas, both past, present and future and how and by whom they are set or determined as well as the effect that legislation, litigation, the Copyright Royalty Board and the Department of Justice have had on the process.

Features

The Difference Between 'Covenant' and 'Condition Precedent' In Song Licensing Agreements Image

The Difference Between 'Covenant' and 'Condition Precedent' In Song Licensing Agreements

Stan Soocher

A question of law arose for a District Judge when a songwriter sued YouTube, claiming she never approved licensing her works to YouTube — whether the administration agreement's notice-and-consent clause was a condition precedent to the administrator's ability to license the songwriter's songs.

Features

Fair Use of Embedded Content on Social Media Image

Fair Use of Embedded Content on Social Media

Stephen M. Kramarsky & John Millson

The change in character of social media, from purely social communication to a mixture of the social and commercial, has had knock-on effects for courts applying traditional legal principles, notably, the application of copyright law.

Features

What Is the Difference Between 'Covenant' and 'Condition Precedent' In Song Administration Agreement? Image

What Is the Difference Between 'Covenant' and 'Condition Precedent' In Song Administration Agreement?

Stan Soocher

A question of law arose for a District Judge when a songwriter sued YouTube, claiming she never approved licensing her works to YouTube — whether the administration agreement's notice-and-consent clause was a condition precedent to the administrator's ability to license the songwriter's songs.

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