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.
South Africa Rejects Copyright Lobby Critique, Defends Broad ‘Fair Use’ Exceptions
TorrentFreak
JULY 27, 2024
Whether it’s movies, music, software or other goods, U.S. There are also grave concerns that proposed “fair use” exceptions, which are partly modeled after U.S. South Africa Defends Broad Fair Use Exceptions This week, the Government sent a response to the USTR addressing IIPA’s critique.
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Copyright Fair Use for Education
IP and Legal Filings
MAY 3, 2024
Fair use provides some exceptions to copyright protection, allowing limited use of copyrighted material without the permission of the copyright owner. Understanding legal and fair use is especially important in academic settings because dissemination of information often requires the use of evidence.
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Watch Tower vs. McFree: Nonprofit Defends Critic’s Fair Use & Anonymity Rights
TorrentFreak
MARCH 19, 2022
After reviewing McFree’s videos, last month a New York judge denied the Watch Tower application declaring that McFree’s use of Watch Tower clips was permitted under fair use. The nonprofit group has now stepped in to defend not only fair use but McFree’s right to remain anonymous.
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Kanye West Faces A Copyright Infringement Lawsuit: Is “Fair Use” Fair?
IPilogue
MAY 26, 2022
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”. To incorporate a sound recording into a new musical work, artists must obtain “clearance” or permission from the copyright holder.
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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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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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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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Supreme Court Finds Warhol’s Commercial Licensing of “Orange Prince” to Vanity Fair Is Not Fair Use and Infringes Goldsmith’s Famed Rock Photo
Intellectual Property Law Blog
JUNE 5, 2023
s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith and, as a result, did not constitute fair use. [2] 10] The more transformative a work is, the more likely it is to be considered fair use. Since the Supreme Court’s decision in Campbell v.
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SCOTUS Rules Andy Warhol’s Prince Portraits Are Not Fair Use
The IP Law Blog
MAY 25, 2023
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. In a closely watched copyright case, the U.S.
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Judge: Jehovah’s Witness Parodies Are Fair Use. Watch Tower: So What?
TorrentFreak
FEBRUARY 20, 2022
Some of McFree’s critical videos use copyrighted material owned by Watch Tower so in 2018, the group filed an application for a DMCA subpoena which asked a court to compel YouTube/Google to hand over his details. ” Fair Use Considerations. Overall then, the first factor weighs in favor of fair use.
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3 Count: YouTube Battles
Plagiarism Today
FEBRUARY 3, 2022
According to a video he uploaded, his videos will remain available in countries with a broad fair use exemption, like the United States, but not in countries like Toei’s native Japan that have narrow exemptions. 2: Nintendo Music YouTuber Who Received 4,000 Copyright Strikes is Closing Their Channel.
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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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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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How Generative AI Generates Legal Issues in the Games Industry
Intellectual Property Law Blog
APRIL 12, 2023
This is just the tip of the iceberg on how generative AI will be used in games and a variety of other creative industries. Music, film, art, comic books, and literary works are some other uses. AI tools are powerful and their use will no doubt be far reaching. In the near term, so too will the associated legal issues.
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3 Count: Nirvana’s Inferno
Plagiarism Today
OCTOBER 25, 2021
De La Santos mentions these allegations in his response to the lawsuit, which also makes arguments of fair use and that he is an “innocent infringer,” an argument that could potentially lessen any damages against him. 3: Music Publishers Propose Higher Streaming Payments.
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3 Count: Tuesday the Fifth
Plagiarism Today
OCTOBER 5, 2021
Ratajkowski fired back, claiming that the photo didn’t qualify for copyright protection and that her use was a fair use. However, the judge also ruled it was too early to weigh in on questions of fair use and related issues. The lawsuit was filed by AOM Music, Inc.,
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AI Training, Fair Use, and the Burdens of Being First
Copyright Lately
FEBRUARY 17, 2025
Ross Intelligence will get plenty of second looks from courts deciding fair use in generative AI copyright cases. Those were some of the phrases legal commentators used to describe Andy Warhol Foundation for the Visual Arts v. Goldsmith in the days following the Supreme Courts 2023 landmark fair use decision.
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Second Circuit Clarifies the Google v. Oracle Ruling
Plagiarism Today
AUGUST 25, 2021
In that ruling, the Supreme Court found that Google’s use of the code was, ultimately, a fair use and did so with language that seemed to many to be extremely broad. Oracle case had no bearing on this one or any fair use analysis in an “artistic” context. At least not broadly.
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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. This would include a belief that the display or performance of the copyrighted material in the video was covered under fair use.
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BTS’ ‘Butter’ Hit with Multiple Plagiarism Allegations
Plagiarism Today
JULY 27, 2021
BTS’ label, Big Hit Music, announced that there were no copyright issues with the songwriters for Butter and that all the songwriters for the track have confirmed as such. The most likely cause for this similarity was simply Garcia using either the same or a very similar melody to the one he licensed to Luca. What Does it Mean.
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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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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] It found that all four fair use factors weighed against fair use. [12] Goldsmith counterclaimed for copyright infringement.
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[Audio] Podcast: The Briefing by the IP Law Blog - Unofficial Bridgerton Musical – Fair Use or Infringing Fan Fiction
JD Supra Law
AUGUST 19, 2022
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss an intellectual property dispute between Netflix and two digital content creators who wrote a musical inspired by the hit Netflix series, Bridgerton. By: Weintraub Tobin
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3 Count: Hey Mickey!
Plagiarism Today
MAY 19, 2022
2: Delhi HC Seeks Expert Help on Whether Event Firms Need License to Play Music at Weddings. Next up today, The Wire reports that the Delhi High Court is seeking an outside expert to assist in determining whether event firms in the country should be required to obtain a license to play music at weddings and other gatherings.
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3 Count: Noisy Hill
Plagiarism Today
OCTOBER 19, 2022
1: RIAA Flags ‘Artificial Intelligence’ Music Mixer as Emerging Copyright Threat. Those recommendations include a slew of familiar names, but also a new one, “AI-based” music mixers and extractors. Cardi B had previously argued that the use of the image was a fair use because it was transformative.
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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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Barbara Kruger Asks Justices To Mull Warhol Fair Use Ruling
IP Law 360
JANUARY 12, 2022
Supreme Court to look into the Second Circuit's decision that found Andy Warhol's artwork didn't make fair use of a photo of music legend Prince, saying that such works are "far from lacking creativity." American conceptual artist Barbara Kruger is urging the U.S.
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3 Count: Extrinsic vs. Intrinsic
Plagiarism Today
MAY 16, 2022
2: Judge Says ‘Vape’ Musical Parody May Go On as ‘Grease’ Copyright Claim Flops. Next up today, Jonathan Stempel at Reuters reports that a judge has ruled that Vape: The Musical will be allowed to proceed despite a copyright infringement lawsuit filed by the rightsholders of the musical Grease.
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Music Labels ‘Vinyl’ Copyright Lawsuit Comes Too Late, Internet Archive Says
TorrentFreak
JANUARY 29, 2024
The ‘ Great 78 Project ‘ received praise from curators, historians, and music fans. However, not all music industry insiders were happy with it, as the copying took place without obtaining permission from all rightsholders. In a complaint filed at a U.S.
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U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)
Technology & Marketing Law Blog
JUNE 20, 2023
Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based. Acuff-Rose Music, Inc. , Goldsmith , No. 21-869 (May 18, 2023).
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Copyright in the Age of Bots
Plagiarism Today
SEPTEMBER 23, 2021
There are even bots for detecting unlicensed music samples , often catch such samples years or decades after the fact. Un)Fair Use and Other Questions. This hurts uses that, according to most people, would likely be considered a fair use and non-infringing. Even if that use is a probable fair use.
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3 Count: Quad 9
Plagiarism Today
SEPTEMBER 9, 2021
They further claim that the podcasters obtained a pirated copy of the fight to use in the show. According to H3’s response, their use of the video in the podcast was a fair use and if the version they had was pirated, that is not itself a copyright infringement.
Dissent Says SCOTUS Ruling Against Warhol Foundation on Fair Use Will ‘Stifle Creativity’
IP Watchdog
MAY 18, 2023
Court of Appeals for the Second Circuit was correct in holding that the Andy Warhol Foundation's (AWF's) licensing of an orange silkscreen portrait of the musician Prince, created by Andy Warhol using photographer Lynn Goldsmith’s photo, was not fair. The Supreme Court ruled today in Andy Warhol Foundation v. Goldsmith, Lynn, et.
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3 Count: Levitating Lawsuit
Plagiarism Today
MARCH 3, 2022
First off today, Murray Stassen at Music Business Worldwide reports that musician Dua Lipa has been hit with a copyright infringement lawsuit that claims her 2020 hit Levitating is an infringement of an earlier song. However, the lower court tossed the lawsuit, saying that the use was a fair use, and awarded the school some $10,266.37
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3 Count: Warhol Battle
Plagiarism Today
OCTOBER 13, 2022
However, after Prince died in 2016, it was revealed that Warhol actually made an additional 14 prints using the photograph. The Appeals Court ruled against the Warhol estate finding that the images in question were not a fair use. Lynn sued allegiging that those prints were a copyright infringement.
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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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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. Fair use as an effective defense to copyright infringement , the district court listed four considerations for the use being fair.
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Publishers Secure Widespread Support in Landmark Copyright Battle With Internet Archive
TorrentFreak
MARCH 25, 2024
These industry groups draw a parallel between the impact Napster and BitTorrent had on music and movie sales, and the threat IA’s self-scanning library poses today. Internet Archive’s theory of fair use represents a threat just as grave.” These groups also reject the fair use arguments.
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Music Labels ‘Gramophone’ Copyright Lawsuit Comes Too Late, Internet Archive Says
TorrentFreak
JANUARY 29, 2024
The ‘ Great 78 Project ‘ received praise from curators, historians, and music fans. However, not all music industry insiders were happy with it, as the copying took place without obtaining permission from all rightsholders. In a complaint filed at a U.S.
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Statutory Licensing in India in the Age of Online Music Streaming: A Comment on Tips vs. Wynk
Kashishipr
JUNE 9, 2021
Internet streaming in India contributes to the majority of revenues of the recorded music industry. Licensing is imperative for the product because it is known that music rights holders have worked hard. Licensing is imperative for the product because it is known that music rights holders have worked hard.
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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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Unofficial Bridgerton Musical – Fair Use or Infringing Fan Fiction
LexBlog IP
AUGUST 19, 2022
In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss an intellectual property dispute between Netflix and two digital content creators who wrote a musical inspired by the hit Netflix series, Bridgerton. Listen to the podcast of this episode on the platform of your choice, here.
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Unofficial Bridgerton Musical – Fair Use or Infringing Fan Fiction
The IP Law Blog
AUGUST 19, 2022
In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss an intellectual property dispute between Netflix and two digital content creators who wrote a musical inspired by the hit Netflix series, Bridgerton. Listen to the podcast of this episode on the platform of your choice, here.
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