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.
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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.
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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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.
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.
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.
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.
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.
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.
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.
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.)
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.
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.
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. Netflix , Inc. ).
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.
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.
Above the Fold
MAY 22, 2023
This high-profile case hinged on whether Warhol’s images of Prince meaningfully transformed Goldsmith’s original black and white photo so as to create a new work of art protected by the fair use doctrine. SCOTUS held that Warhol’s images did not constitute fair use.
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.
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.
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.
JD Supra Law
JUNE 16, 2023
Goldsmith held that pop artist Andy Warhol's use of a photograph of late music legend and cultural icon Prince without photographer Lynn Goldsmith's permission did not constitute fair use under the first factor of the fair use…. Supreme Court in Andy Warhol Foundation for the Visual Arts, Inc.
JD Supra Law
MAY 26, 2023
Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. In a closely watched copyright case, the U.S.
LexBlog IP
MAY 22, 2023
This high-profile case hinged on whether Warhol’s images of Prince meaningfully transformed Goldsmith’s original black and white photo so as to create a new work of art protected by the fair use doctrine. SCOTUS held that Warhol’s images did not constitute fair use.
LexBlog IP
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.
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.
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. Unbeknownst to Ms.
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
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.
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.
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.
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.
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.
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.
JD Supra Law
APRIL 18, 2022
The US Supreme Court is set to hear a case regarding fair use as it pertains to a photo of the universally known music artist, Prince. The nation’s highest court will hopefully clarify when and how artists can make use of the work of others. By: Morgan Lewis - Tech & Sourcing
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.
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.
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.
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.
JD Supra Law
JUNE 16, 2023
Goldsmith that Andy Warhol’s portrait of music legend Prince did not qualify as fair use under copyright law. 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. By: Weintraub Tobin
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.
IPilogue
NOVEMBER 11, 2021
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.
LexBlog IP
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. ” Unbeknownst to Ms.
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.
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. Percentage of Original Material Used.
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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