Copyright Grant termination Update; AI Corner is Busy
The latest Entertainment Law Update Podcast covers the NFL Sunday Ticket case overturned; an AI Corner Update with case law, new proposed legislation, and administrative procedures; huge news on copyright grant terminations on reclaiming foreign copyright rights. There’s much more in this episode of the Entertainment Law Update Podcast.
Copyright Grant Termination New Case: Vetter v. Resnik - Louisiana Court Says Copyright Grant Termination Applies Internationally
In a groundbreaking decision, a Louisiana federal court ruled that copyright grant termination rights apply globally, not just within the United States. This case out of Louisiana (Fifth Circuit) is challenging the prevailing view that copyright grant termination results in a recapture of U.S. rights, only. The case involved a dispute over the song "Double Shot (Of My Baby's Love)" and examined the territorial scope of reclaimed rights pursuant to i) an author not surviving to the beginning of the renewal term of copyright, and ii) when a copyright grant termination notice is served. The Court’s decision could have significant implications for the global music industry and the interpretation of geographic scope of copyright grant terminations pursuant to 17 U.S.C. 203 and 17 U.S.C. 304. Vetter v. Resnik, No. 3:23-cv-01369 (M.D. La. 2024).
AI Intellectual Property Corner Update
Andersen v. Stability AI Ltd.
Artists Sarah Andersen, Kelly McKernan, Karla Ortiz, and others are pushing back against AI companies in a high-stakes copyright lawsuit. Filed in the United States District Court for the Northern District of California, the case alleges that AI companies like Stability AI, Midjourney, and DeviantArt used the artists' copyrighted works to train their AI models without permission. Judge William Orrick recently ruled that while some claims were dismissed, crucial copyright infringement and Lanham Act claims can move forward. Andersen v. Stability AI Ltd., No. 3:2023cv00201,(N.D. Cal. 2024).
USPTO Issues Guidance on Use of AI Tools by Patent and Trademark Practitioners
The United States Patent and Trademark Office (USPTO) issued new guidance on April 11, 2024, concerning the use of AI tools by patent and trademark practitioners. The guidance emphasizes that while AI tools can be used in preparing submissions, practitioners must ensure the accuracy and truthfulness of AI-generated content, adhering to their duty of candor and good faith.
Copyright Office Release AI Report for Digital Replicas
In July 2024, the U.S. Copyright Office released the first part of its "Copyright and Artificial Intelligence" focusing on digital replicas—AI-generated likenesses of individuals. The report identifies significant legal and ethical concerns regarding unauthorized digital replicas and calls for new federal legislation to protect individuals' rights.
No Fakes Act Introduced
In a bid to combat unauthorized AI-generated replicas of individuals' voices and likenesses, the U.S. Senate introduced the "No Fakes Act." This proposed legislation aims to provide individuals with the right to control how their likeness and voice are used, even after death, and includes protections for free speech in news, documentaries, and parody.
Copied Act
Senators Maria Cantwell, Marsha Blackburn, and Martin Heinrich introduced the COPIED Act in July 2024, aiming to establish standards for detecting synthetic content, including AI-generated media. The Act proposes watermarking practices to help identify the origin of content, sparking debate over its potential impact on fair use and public domain works. Critics argue that the Act may be overreaching, while supporters see it as necessary to maintain the integrity of content in the digital age.
EU AI Act Takes Effect
The European Union's Artificial Intelligence Act officially went into effect on August 1, 2024, marking a significant regulatory step in managing AI technologies. The Act applies to a wide range of AI systems and establishes a four-tiered risk-based approach to regulation. With penalties for non-compliance.
These cases and much more on this Episode of Entertainment Law Update with inherited copyright lawyer Tamera Bennett and film, TV, and podcast lawyer Gordon Firemark.
