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Features
Last month, a flood of whimsical, dreamlike portraits in the style of Studio Ghibli (the Japanese animation studio) swept across social media. What began as a playful social trend quickly raised legal concerns. Within days, users began reporting that OpenAI had restricted prompts referencing specific artistic styles. This trend offers a live case study of how generative AI may implicate core doctrines of copyright law, including derivative works, substantial similarity, and fair use.
Features
A recent AI copyright ruling out of federal court could have a sprawling impact on how companies, both big and small, use the technology responsibly.
Features
The Second Circuit’s decision may have significant downstream implications for other digital lending services, making it more difficult to operate absent licensing agreements with copyright holders of the various works they seek to distribute. With Internet Archive deciding against petitioning the Supreme Court, we may well see similar litigation pop up in other jurisdictions outside the Second Circuit until the issue is more widely settled.
Features
More than 1,000 artists are credited on a “silent” record released on February 25 in protest over changes that the UK government is considering to its copyright law, changes which critics say will make it easier for AI models to use copyrighted material without securing a license.
Columns & Departments
Federal Circuit: PTAB Jurisdiction Exists Over Expired PatentsFederal Circuit: No Estoppel on Unadjudicated Claims
Features
Music publishers have reached a partial agreement with Anthropic that requires the Amazon-backed artificial intelligence company to implement “guardrails” around its use of copyrighted song lyrics to train its flagship product, Claude.
Columns & Departments
A roundup of recent cases in entertainment-related copyrights.
Features
In February 2024, the Fourth Circuit addressed a jury’s 2020 damages award of $1 billion finding Cox secondarily liable for its subscribers’ copyright infringement through illegal copying of copyrighted songs. Both Cox and Sony filed petitions for certiorari.
Columns & Departments
CLE sponsored by the Copyright Society of the South, Nashville, TN, Dec. 12, 2024.
Features
Most of the federal circuit courts that have addressed what qualifies either as a "compilation" or as a single creative work apply an "independent economic value" analysis that looks at the market worth of the single creation as of the time when an infringement occurs. But in a recent ruling of first impression, the Fifth Circuit rejected the "independent economic value" test in determining which individual sound recordings are eligible for their own statutory awards and which are part of compilation.
