Music Making Gen AI: A Deeper Dive into Fair Use
The Illusion of More
JULY 11, 2024
In February 2023, I argued that using copyrighted works for the purpose of training generative artificial intelligence (GAI) products is not fair use.
RIAA Sues Suno & Udio AI Music Generators For ‘Trampling’ on Copyright
TorrentFreak
JUNE 24, 2024
Two Targets, Two Lawsuits The RIAA announced not one, but two copyright infringement lawsuits on Monday, filed against two of the most impressive services in the generative AI music market. Udio owner Unchartered Labs was sued in the US District Court for the Southern District of New York, while Suno, Inc.
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Kanye West Faces A Copyright Infringement Lawsuit: Is “Fair Use” Fair?
IPilogue
MAY 26, 2022
Moten, a Texas pastor, filed a copyright infringement lawsuit against rapper Kanye West for incorporating a sample recording of his religious sermon into one of his songs. Music, Def Jam Recordings and Universal Music Group. The allegedly infringing sample is used on “Come to Life”, a song featured on his 2021 album “Donda”.
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3 New Copyright Claims Board Decisions
Plagiarism Today
FEBRUARY 15, 2024
The Copyright Claims Board has handed three more determinations, including one fair use issue and two questions on damages. The post 3 New Copyright Claims Board Decisions appeared first on Plagiarism Today.
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SCOTUS Rules Andy Warhol’s Prince Portraits Are Not Fair Use
The IP Law Blog
MAY 25, 2023
In a closely watched copyright case, the U.S. Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. Acuff-Rose Music, which held that a work is transformative if it adds something new and has a different purpose or character.
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Book Review: Music Borrowing and Copyright Law
The IPKat
FEBRUARY 28, 2024
This is a review of Music Borrowing and Copyright Law, a Genre-by-Genre Analysis , edited by Enrico Bonadio (City, University of London) and Chen Wei Zhu (University of Birmingham). Heald suggests that Aplin and Bently offer one half of the response, and this volume provides the other, within the music context.
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1 Year After Warhol, Judges Feel Their Way Through Fair Use
IP Law 360
MAY 15, 2024
Supreme Court ruled in favor of a rock photographer in a copyright dispute over Andy Warhol's iconic silkscreens of music legend Prince, judges have had to rethink their analysis of fair use — sometimes struggling to apply the high court's conclusions to the facts of the cases before them. In the year since the U.S.
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Fair Use for Documentaries in US Copyright Law: Brown v Netflix
Kluwer Copyright Blog
JUNE 30, 2021
Chapman (‘plaintiffs’) collectively filed a copyright infringement lawsuit against Netflix, Amazon, and Apple (‘defendants’), claiming that the defendants had directly and indirectly infringed their copyright over the song “ Fish Sticks n’ Tater Tots ” by using it in their documentary titled ‘Burlesque’ ( Brown v.
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Comedy Group's 'Grease' Parody Is Deemed Fair Use
IP Law 360
MAY 12, 2022
A sketch comedy group on Thursday successfully convinced a New York federal judge that its play "Vape: The Musical" is a parody of the film version of the musical "Grease" and is therefore protected under copyright law's fair use doctrine.
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Justices Weigh In On Fair Use, Pop Culture In Warhol Fight
IP Law 360
OCTOBER 12, 2022
A copyright battle over Andy Warhol's portraits of music icon Prince has revealed some of the U.S. Supreme Court's own pop culture tastes, as the justices on Wednesday grappled with arguments on how the courts should decide when an artwork qualifies as fair use.
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How to Distinguish Transformative Fair Uses From Infringing Derivative Works?
Kluwer Copyright Blog
JUNE 5, 2023
Supreme Court agreed to review the Second Circuit’s ruling that Andy Warhol’s series of colorful prints and drawings of Prince were not transformative fair uses of Lynn Goldsmith’s photograph (for a previous comment on this case, see here ). Acuff-Rose Music, Inc. Goldsmith, 11 F.4th 4th 26 (2d Cir.
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Music Labels ‘Vinyl’ Copyright Lawsuit Comes Too Late, Internet Archive Says
TorrentFreak
JANUARY 29, 2024
However, good intentions themselves are not immune to copyright complaints, or worse, multi-million dollar lawsuits. The ‘ Great 78 Project ‘ received praise from curators, historians, and music fans. The Great 78 Project Last summer, a group of major music labels including Capitol, Sony, and UMG, decided to take action.
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Watch Tower vs. McFree: Nonprofit Defends Critic’s Fair Use & Anonymity Rights
TorrentFreak
MARCH 19, 2022
Someone on the internet has breached Watch Tower’s copyrights and, as a result, their true names and addresses should be handed over so that the group can seek remedy for infringement. However, Watch Tower is still pursuing a parallel copyright infringement lawsuit against McFree in another court. Watch Tower doesn’t care.
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Publishers Secure Widespread Support in Landmark Copyright Battle With Internet Archive
TorrentFreak
MARCH 25, 2024
Publishers Hachette, HarperCollins, John Wiley, and Penguin Random House filed a lawsuit, equating IA’s controlled digital lending (CDL) operation to copyright infringement. Earlier this year a New York federal court concluded that the library is indeed liable for copyright infringement.
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Copyright Infringement and Music
Biswajit Sarkar Copyright Blog
DECEMBER 27, 2022
Music is an artistic work which falls into the purview of copyright protection. Nowadays, music lovers can easily stream music. Even restaurants, bars and lounges play music to entertain guests, either through hiring DJs or by playing music through sound systems. The defendant no 1 i.e, The defendant no 1 i.e,
Website Advertisements and Copyright Fair Use
IP Intelligence
JULY 15, 2021
For attorneys frequently engaged in copyright infringement litigation, drilling down into the specifics of the four fair use defense factors set forth in 17 U.S.C. § But the existence of commercialism and website advertisements is not, and should not be, a death knell for a successful fair use defense.
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The Briefing – Can Copyrighted Music Keep Vids of Police Encounters Off The Internet?
The IP Law Blog
JULY 30, 2021
In this week’s episode of the Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss recent news stories reporting that police officers played copyrighted music during filmed encounters, ostensibly to keep the videos from being uploaded to the Internet. Universal Music Group. Case discussed: Lenz v.
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Supreme Court Rules in Favor of Prince Photographer, Against Warhol, in Fair Use Copyright Case
JD Supra Law
MAY 23, 2023
How Does the Landmark Decision – First in Last 30 Years on Fair Use – Affect Music, Entertainment, and Creative Industries? It has been nearly 30 years since the United States Supreme Court has ruled on fair use. On May 18, in Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith, et. Goldsmith, et.
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Isn’t it time for the “Fair Use Bill of Rights?”
LexBlog IP
SEPTEMBER 25, 2023
Fair Use needs to be more predictable. Here is a quick list of 5 items that should be considered “fair use” under the copyright laws. This should be codified as a “Fair Use Bill of Rights.” using a short 5-second audio or video clip, sound effect, music clip, etc.)
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Don’t Film So Close To Me: Can Copyrighted Music Keep Vids of Police Encounters Off The Internet?
The IP Law Blog
JULY 22, 2021
Over the past few weeks, there have been a number of news articles and stories about police officers playing popular music during a citizen/officer interaction that is being filmed by the citizen. YouTube’s system for detecting and managing copyrighted content is called Content ID.
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The Doctrine of Fair Use in Copyright Law
Biswajit Sarkar Copyright Blog
NOVEMBER 27, 2021
The Doctrine of Fair Use is a concept that originates from the case of Folsom vs. Marsh. Justice Story observed in his judgement, when the courts of law decide on cases like this, they must look to the nature and objects of the selection mode, the quantity and value of material used. Definition. Indian Perspective.
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SCOTUS Holds Warhol’s “Prince Series” Is Not Fair Use
Above the Fold
MAY 22, 2023
Last week, in a 7–2 decision authored by Justice Sotomayor, the Supreme Court ruled that a 1984 work by artist Andy Warhol, portraying world-renowned singer Prince against an orange background (the “Orange Prince series”), infringed on the copyrights held by rock photographer Lynn Goldsmith.
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Second Circuit: Addressing Fair use Defense
IP and Legal Filings
DECEMBER 14, 2021
In the present case, the dispute was with regards to contemporary artist Andy Warhol’s 1984 images of musical artist Prince and Photographer Lynn Goldsmith’s 1981 photograph of the music legend. The copyright was owned by Goldsmith. Image Source: gettyimages]. With this, Goldsmith and LGL countersued for infringement.
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Website Advertisements and Copyright Fair Use
LexBlog IP
JULY 15, 2021
For attorneys frequently engaged in copyright infringement litigation, drilling down into the specifics of the four fair use defense factors set forth in 17 U.S.C. § ” But the existence of commercialism and website advertisements is not, and should not be, a death knell for a successful fair use defense.
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WIPIP: In Memoriam and Fair Use
43(B)log
FEBRUARY 4, 2023
A Few Words for a Lost Friend: Tribute to Dmitry Karshtedt (Bob Brauneis, Mark Lemley, Jake Sherkow) Closing Plenary Session: Fair use Robert Brauneis, Copyright Transactions in the Shadow of Fair Use Suppose a work does not infringe another work because and only because it’s been ruled a fair use.
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SCOTUS Rules Andy Warhol’s Prince Portraits Are Not Fair Use
JD Supra Law
MAY 26, 2023
In a closely watched copyright case, the U.S. Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law.
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Music Piracy
Biswajit Sarkar Copyright Blog
JUNE 21, 2023
Music is an artistic work which is subject to copyright protection. Music lovers can now effortlessly stream music from anywhere in the world. Even in restaurants, bars, and lounges, the music is played to entertain their customers, whether by employing DJs or playing music through sound systems.
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High Court Says Andy Warhol's Prince Series Isn't Fair Use
IP Law 360
MAY 18, 2023
Andy Warhol's portraits of music icon Prince do not fall under copyright's fair use doctrine, the U.S. Supreme Court ruled Thursday, affirming a Second Circuit decision and finding that Warhol's work shared the same commercial purpose as the original photo taken of Prince.
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SCOTUS Holds Warhol’s “Prince Series” Is Not Fair Use
LexBlog IP
MAY 22, 2023
Last week, in a 7–2 decision authored by Justice Sotomayor, the Supreme Court ruled that a 1984 work by artist Andy Warhol, portraying world-renowned singer Prince against an orange background (the “Orange Prince series”), infringed on the copyrights held by rock photographer Lynn Goldsmith.
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Music Labels ‘Gramophone’ Copyright Lawsuit Comes Too Late, Internet Archive Says
TorrentFreak
JANUARY 29, 2024
However, good intentions themselves are not immune to copyright complaints, or worse, multi-million dollar lawsuits. The ‘ Great 78 Project ‘ received praise from curators, historians, and music fans. The Great 78 Project Last summer, a group of major music labels including Capitol, Sony, and UMG, decided to take action.
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SCOTUS Rules Andy Warhol’s Prince Portraits Are Not Fair Use
LexBlog IP
MAY 25, 2023
In a closely watched copyright case, the U.S. Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. Acuff-Rose Music, which held that a work is transformative if it adds something new and has a different purpose or character.
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Copyright Infringement and Music
Biswajit Sarkar Copyright Blog
JUNE 21, 2023
Music is an artistic work which falls into the purview of copyright protection. Nowadays, music lovers can easily stream music. Even restaurants, bars and lounges play music to entertain guests, either through hiring DJs or by playing music through sound systems. The defendant no 1 i.e, The defendant no 1 i.e,
Judge: Jehovah’s Witness Parodies Are Fair Use. Watch Tower: So What?
TorrentFreak
FEBRUARY 20, 2022
Depending on opinion, the Watch Tower Bible and Tract Society, the supervising body and publisher for the Jehovah’s Witness religious group, either doesn’t like criticism, dislikes copyright infringement, or hates both. This means that opposing opinions become somewhat of a footnote when the group launches copyright infringement action.
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Warhol Case Appeal Reignites Fair Use Debate After Google
IP Law 360
MARCH 28, 2022
A copyright dispute over the late artist Andy Warhol's prints of the music icon Prince was picked up by the U.S. Supreme Court on Monday, and attorneys say the case offers the justices a chance to clarify the fair use test after their Google v. Oracle ruling last year.
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Is “A Change [] Gonna Come”?: Music Publishers Sue AI Startup Anthropic for Copyright Infringement
LexBlog IP
NOVEMBER 17, 2023
This time, a group of music publishing companies, including Concord Music Group, Inc., ABCKO Music, Inc., This time, a group of music publishing companies, including Concord Music Group, Inc., ABCKO Music, Inc., See Concord Music Group, Inc. Anthropic PBC , M.D. Tenn, 3:22-cv-01092, ECF No.
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Supreme Court Holds Warhol’s “Orange Prince” Not Transformative, Not Fair Use
IP Tech Blog
JUNE 2, 2023
The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No.
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Artificial Intelligence and Copyright Law: The NYT v. OpenAI – Fair Use Implications of Generative AI
JD Supra Law
FEBRUARY 6, 2024
images, video content, text, poems, stories, musical compositions, sound recordings, and even deepfakes). The legal implications of artificial intelligence (AI), specifically generative AI, quickly became a topic of casual conversation following the launch of ChatGPT in November of 2022. By: Baker Donelson
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Andy Warhol Foundation v. Goldsmith: The Supreme Court Revisits Transformative Fair Uses
Kluwer Copyright Blog
MAY 9, 2022
Acuff-Rose Music, Inc., Orbison song could be fair use because it transformed the original song by adding something new, with a different purpose, or a new meaning or message. It held that Warhol’s use was not transformative because the photograph was the “recognizable foundation” of the Warhol Prince Series.
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Copyright in the Age of Bots
Plagiarism Today
SEPTEMBER 23, 2021
If you’ve had any issues with copyright over the past few years, whether you are on YouTube, Facebook or even operating your own website, it’s probable that your issue didn’t start with a human, but with a bot. According to YouTube, their automated Content ID system handles over 98% of copyright issues on the site.
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Donald C. Brace Memorial Lecture by Professor David Vaver – “User Rights: Fair Use and Beyond”
IPilogue
NOVEMBER 11, 2021
For fifty years, the Copyright Society of the USA (CSUSA) has invited numerous esteemed figures to present the annual Donald C. This past Monday, Osgoode’s very own Professor David Vaver delivered the 2021 Brace lecture on “User Rights: Fair Use and Beyond” as the series’ very first international speaker from outside the United States.
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The Briefing by the IP Law Blog: What Now for Fair Use After Warhol v. Goldsmith
The IP Law Blog
JUNE 16, 2023
Goldsmith that Andy Warhol’s portrait of music legend Prince did not qualify as fair use under copyright law. Acuff-Rose Music Supreme Court ruled in Andy Warhol Foundation v. Scott Hervey and Tara Sattler talk about this decision on this episode of The Briefing by the IP Law Blog. Goldsmith Campbell v.
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Fair Use: Graham v. Prince and Warhol v. Goldsmith
LexBlog IP
JULY 7, 2023
A pair of copyright decisions issued in May, one involving the appropriation artist Richard Prince [1] and the other involving works portraying the musician known as Prince, explore and expand on the “fair use” defense to copyright infringement. On May 11, the U.S. 2] A week later, the U.S. 3] Graham v.
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The Briefing by the IP Law Blog: What Now for Fair Use After Warhol v. Goldsmith
LexBlog IP
JUNE 16, 2023
Goldsmith that Andy Warhol’s portrait of music legend Prince did not qualify as fair use under copyright law. Acuff-Rose Music Supreme Court ruled in Andy Warhol Foundation v. Scott Hervey and Tara Sattler talk about this decision on this episode of The Briefing by the IP Law Blog. Goldsmith Campbell v.
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Prince, Prince, Prints: Will the Supreme Court Revisit Fair Use?
LexBlog IP
FEBRUARY 28, 2022
1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] Goldsmith counterclaimed for copyright infringement. 4] ), and issued a new decision in which it reached the same result. [5].
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