In cases where there is NO HUMAN INVOLVEMENT, Urantia Found. v. Kristen Maaherra, 114 F.3d 955, 957–59 (9th Cir. 1997), has indicated that the work is solely created by AI and no copyright will issue. The newest spin on these AI issues exists when the Artist feeds his underlying work to a computer and uses AI to apply styles it has “learned” by scanning named Artists like DaVinci, Michaelangelo, etc. Andersen et al v. Stability Continue reading AI Art Generation and Copyright Law
Andersen et al v. Stability AI Ltd. et al, Case No. 3:23-cv-00201 in the United State District Court for the Northern District of CA, San Francisco Division, is a class action suit wherein several artists are suing AI art generators Stability AI, Midjourney and DeviantArt for using their work to train AI tools. The suit contends defendants downloaded billions of images from the internet without consent which were used to create AI styles of the Continue reading Artists Sue AI Art Generators for Copyright Infringement
Ehud Yonay, whose 1983 story was the basis of the original 1986 film “Top Gun,” published “Top Guns” in April 1983 in an issue of California magazine and registered it in the U.S. Copyright Office later that year. Soon after it was published Paramount secured exclusive motion picture rights to the story, according to the complaint filed Monday in Los Angeles federal court. The Yonays claim that after sending Paramount a statutory notice of termination Continue reading Top Gun Maverick Sued for Copyright Infringement
On or about February 4, 2022, Billboard reported the RIAA sent a demand letter to HitPiece, a new beta website, because it was selling thousands of songs and album artwork NFTs using information from Spotify’s API without permission from the artists or their record labels. The RIAA charged HitPiece with engaging in “the systematic and flagrant infringement of the intellectual property rights of the Record Companies and their recording artists on a massive scale…” Jared Continue reading RIAA v. NFT Distributor HitPiece
In light of the fact that many people are podcasting their own live performances of controlled compositions on YouTube and other social media, there seems to be a disconnect between the law and conduct. The thought of suing a fan who performs your or your client’s material is not as palatable to artists and companies today as it has been in the past, especially if there are other options… YouTube has new platforms and monetization policies Continue reading Posting Cover Tunes on YouTube and Other Social Media
Throughout my career, I have routinely included a parental guarantee of the child’s performance in all contracts I drafted for clients engaging a minor. IMHO, the parent gets a separate benefit and detriment from that of the child in agreeing to same in that the parent’s burden of providing for the child is abrogated if the child becomes an earner. At common law, the custodial parent of a minor child is entitled by law to Continue reading Are parental guarantees of their child’s performance enforceable?
New Copyright Royalty Board rates became effective on February 5, 2019, retroactive to January 1, 2018. The Harry Fox Agency created a chart to track the new royalty rates for music.
DMCA takedown notices for copyrighted material on the internet are made under penalty of perjury. The filer of the notice must own or control the copyright to the work or risk being charged. Damages accrue only if the work is taken down. See generally, 17 U.S. Code § 512(f). Limitations on liability relating to material online. Also, see Automattic Inc. v. Steiner, the first case to actually award damages for a fraudulent takedown notice.
On October 11, 2018, the Music Modernization Act became law… The Act enjoined the following 3 bills: 1.1 Title I: Music Modernization Act 1.2 Title II: CLASSICS Act 1.3 Title III: Allocation for Music Producers Act See https://en.wikipedia.org/wiki/Music_Modernization_Act for more details.
UMG Wins Round 2 Against Grooveshark by Elliot Zimmerman, BCS, PA www.entertainmentlawyer.pro On Tuesday, April 23, 2013, the New York State Supreme Court of Appeals reversed a lower state court decision favoring Escape Media Group Inc., the operators of the music streaming site Grooveshark. See UMG RECORDINGS, INC., Plaintiff-Appellant, (“UMG”) v. ESCAPE MEDIA GROUP, INC., (“Grooveshark”) Defendant-Respondent, RECORDING INDUSTRY ASSOCIATION OF AMERICA, AMICUS CURIAE, Appellate Div. of the Supreme Court of NY, 1st Department, 100152/10, Continue reading UMG Wins Round 2 Against Grooveshark