Copyright Lately

𝐖𝐡𝐚𝐭'𝐬 𝐔𝐩 𝐖𝐢𝐭𝐡 𝐂𝐨𝐩𝐲𝐫𝐢𝐠𝐡𝐭 𝐋𝐚𝐭𝐞𝐥𝐲? After a longgg hiatus, the Copyright Lately Newsletter is back! Subscribe here: https://lnkd.in/gxRJXba

Update to my post from a few days ago: 𝐉𝐮𝐝𝐠𝐞 𝐁𝐢𝐛𝐚𝐬 𝐡𝐚𝐬 𝐣𝐮𝐬𝐭 𝐩𝐨𝐬𝐭𝐩𝐨𝐧𝐞𝐝 𝐭𝐫𝐢𝐚𝐥 𝐢𝐧 𝐭𝐡𝐞 𝐓𝐡𝐨𝐦𝐬𝐨𝐧 𝐑𝐞𝐮𝐭𝐞𝐫𝐬 𝐯. 𝐑𝐨𝐬𝐬 𝐈𝐧𝐭𝐞𝐥𝐥𝐢𝐠𝐞𝐧𝐜𝐞 𝐀𝐈 𝐜𝐨𝐩𝐲𝐫𝐢𝐠𝐡𝐭 𝐜𝐚𝐬𝐞 that was scheduled to start tomorrow. The judge held a Zoom hearing on Tuesday, during which he appeared to find that Ross committed acts of infringement as a matter of law by copying West's headnotes to train its AI system, but he's now rescinded that oral ruling and has invited the parties to bring new summary judgment motions on copyrightability, validity, infringement and fair use. This case has already been pending for over four years, and the latest setback serves as a reminder that we may not have any clarity on legal issues at stake in the more than two dozen gen-AI copyright cases filed against Open AI, Stability AI, Microsoft, Midjourney and others for 𝘺𝘦𝘢𝘳𝘴 to come.

It's shaping up to be a 𝘳𝘦𝘢𝘭𝘭𝘺 bad Monday for former congressman George Santos. After pleading guilty to fraud in connection with election fundraising records this morning, late this afternoon came word that Santos has also lost his copyright infringement case against late-night TV host Jimmy Kimmel and ABC. In a 27-page order (link below), Judge Denise Cote found that the fake Cameo videos that Kimmel solicited from Santos and published on his show served the "transformative purposes of criticism and commentary." Citing last year's 𝘞𝘢𝘳𝘩𝘰𝘭 decision from the Supreme Court, Judge Cote wrote that "a reasonable observer would understand that [Kimmel] showed the Videos to comment on the willingness of Santos—a public figure who had recently been expelled from Congress for allegedly fraudulent activity including enriching himself through a fraudulent contribution scheme—to say absurd things for money. Thus, the Videos were used for political commentary and criticism, purposes that do not supersede the 'objects' of the original Videos." The judge also rejected Santos's suggestion that the fourth fair use factor weighed in his favor, finding that the complaint "identifies no harm to the potential or existing market for the videos that Santos created for the defendants, other than the 'very use at bar.'" Among the Cameo videos Kimmel requested and received from Santos for his "Will Santos Say It?" segment was a congratulations to "Gary Fortuna for winning the Clearwater Florida Beef Eating Contest. He ate almost 6 pounds of loose ground beef in under 30 minutes!" Santos's attorney says he'll appeal the ruling. Read the opinion here: https://lnkd.in/gE5PGgDt #copyright #copyrightlaw #copyrightlately

NEW: It may not be glamorous, but it will be groundbreaking. The first AI copyright and fair use trial kicks off on Friday, pitting Thomson Reuters against Ross Intelligence. It's a battle involving Westlaw, but the jury's verdict could help shape the future of generative AI. Check out the full story with all the details, up now on Copyright Lately! https://lnkd.in/gP6CwCff #copyright #AI #copyrightlaw #copyrightlately #IPlaw #fairuse #AIlaw

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New development in Donald Trump's longest running legal battle—a #copyright infringement lawsuit filed by musician Eddy Grant, who sued Trump nearly four years ago over the unauthorized use of his 1983 hit “Electric Avenue” in a 2020 campaign video. The video was created by a third party and was then posted by the former president on his personal Twitter account. Motions for summary judgment were filed in the case last year, and SDNY District Judge John Koetl today set oral argument for August 5. Stay tuned!

In case you missed it. (I get it, lots of couch memes to get through.)

A new case questions a long-held understanding of copyright termination’s impact outside the United States. Did the court overstep its boundaries? Check out the full story and my take, up now on Copyright Lately! https://lnkd.in/gBFVP_6V #copyright #copyrightlately #copyrightlaw #IPlaw #internationallaw

Big and welcome news, especially for us 1909 Act nerds. 👏 U.S. Copyright Office!

NEW: By now, you’ve probably heard about the copyright infringement and false endorsement lawsuit filed by legendary hip-hop group Beastie Boys against Chili’s Grill & Bar. But did the Beastie Boys sue the wrong restaurant for copyright infringement? I tracked down the video at the center of the Chili’s “Sabotage” controversy and have the surprising scoop—up now, only on Copyright Lately! #copyright #copyrightlately #copyrightlaw #entertainmentlaw #iplaw