Greenberg Glusker LLP’s Post

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As the song says, "Yesterday's gone", but that hasn’t stopped people’s love of the Fleetwood Mac album, Rumours. Music producer and engineer, Ken Caillat, is among those who liked the album. He liked it so much that back in 2012 he published a memoir of his experience producing the album. Playwrite, David Adjmi, the writer of Stereophonic, a Broadway hit about a famous British-American rock band, also like the album. Earlier this month, Caillat sued Adjmi and others alleging copyright infringement for using the material in his book without permission. The lawsuit cites several similarities between the play and the memoir including settings, characters, storylines and dialogue. The lawsuit also says that Adjmi's plan to adapt Stereophonic into a movie interferes with Caillat's plans for a film based on "Making Rumours,” the title of Caillat’s book. If you have written a book about your experiences in producing a multi-platinum selling album–or about anything perhaps less conspicuous–and you believe someone is attempting to adapt your copyrighted work without your authorization, contact Madan Law PLLC. They deal in facts, not rumors. #IPLaw #IntellectualProperty #MadanLawPLLC #LegalGuidance #ProtectYourInnovation #ProtectYourCopyright #Entrepreneur #Rumours #MakingRunours #FleetwoodMac  #Trademark #Patent #Copyright #MakeYourMark #Gotip #LegalTips @YourIPAttorney  

Happy World Book and Copyright Day! Let's commemorate the magic of storytelling and the invaluable role books play in shaping our world. Today, we also acknowledge the vital role of copyright in fostering innovation and protecting creators' rights. . If you require any further information, please visit our website at www.superdtp.com or contact us at [email protected] . . #worldbookandcopyrightday #worldbookday #copyrightawareness #superdtp #copyrightday

🎨 Writers, artists, and creators—we know the struggle is real. Between actually finishing that project and figuring out copyright laws, it’s like wrangling a herd of cats! 😅🐱 But guess what? We’ve got you covered. At Editority, we handle the messy, technical stuff so you can focus on creating without pulling your hair out. 🖋️🎉 Let us do the hard work—your masterpiece deserves it! ✨ Check us out at editority.com and say goodbye to the stress! ✨ #CreativeChaos #WeGotYou #EditorityToTheRescue #IndieAuthors #CreateFreely

Hi all- Professor Lee's post has links to a useful summary of this case, so I only want to call out one point that I found especially interesting in the decision. One of the most specious -- and prevalent -- arguments raised by those who do not wish to acquire consent from creators for AI use relates to tokenization. The argument is that converting text and storing it as tokens somehow "does not involve make copies." This argument has always seemed intellectually dishonest. Argue "fair use" if you want a defense (and are in a fair use jurisdiction and think you can prevail), but do not use smoke and mirrors to present magic as a factual assertion. Here is the court's view: "That these works may be contained in Stable Diffusion as algorithmic or mathematical representations – and are therefore fixed in a different medium than they may have originally been produced in – is not an impediment to the claim at this juncture."

Lessons we learned from this case in the era of AI: You need REAL registration of your trademarks and copyrights in place, common law rights of first use or copy ownership do NOT work well in the AI world. You need to claim your rights continuously in commercial use. You need due diligence in using your IPs in commerce.

"CREATORS DESERVE RESPECT! My art, my music, my writing - it's not just a hobby, it's my heart and soul. But when my work is stolen or exploited, it's like taking a piece of me. My ART IS WHO I AM. Let's stand together and demand #CreatorsRights #FairnessInCopyright We're not just creators, we're the backbone of innovation and progress. Share this post and tag @USCopyrightOffice @WhiteHouse @USDeptOfJustice @LOC @USPatentOffice Let's make our voices heard and create a world where creators are valued and respected! #USCopyrightOffice #USGovernment #CopyrightReformUSA #IntellectualPropertyRightsUSA #CreatorsRightsUSA #AmericanCreatorsUnited" #MyArtisWhoIAm @WhiteHouse @USDeptOfJustice @LOC @USPatentOffice Let's make our voices heard and create a world where creators are valued and respected! - #CopyrightLaw - #CreativeRights - #ArtisticOwnership - #MusicWithIntegrity - #TheKitchen #bandlab - #creatorvoiceforjustice - #creatorsrights - #intellectualproperty - #copyrightinfringement - #stolenwork - #justiceforcreators

Copyright protects original works of authorship fixed in any tangible medium of expression. The following types of work are subject to copyright: 1. Literary works (including novels, poems, plays, and reference works) 2. Musical works (including any accompanying words) 3. Dramatic works (including any accompanying music) 4. Pantomimes and choreographic works 5. Pictorial, graphic, and sculptural works 6. Motion pictures and other audiovisual works 7. Sound recordings 8. Architectural works These categories cover a wide range of creative expressions, and copyright protection gives the creator exclusive rights to reproduce, distribute, perform, display, and create derivative works based on the original work. #snsinstitutions #snsdesignthinkers #designthinking

Okay people. Here's what I find to be the most interesting part of Judge Orrick's ruling (and the one that hasn't received the attention it deserves). And it's important for ANY COMPANY that provides generative AI tools based on the tools of others (like Stability AI). BOTTOM LINE: THE COURT OPENED THE DOOR TO POTENTIAL "SECONDARY LIABILITY" for the use of the infringing generative AI products of others! (I've read the entire Court ruling - and am an IP attorney by trade - so feel that I can convey the issues accurately). Specifically, the Judge addressed whether the copyright infringement claims against DeviantArt, Inc. could go forward and survive its Motion to Dismiss, even when DeviantArt itself is NOT alleged to have trained any genAI model (but instead is alleged to have "simply to have implemented and used the AI tools provided by Stability AI and others."). DeviantArt had argued that copyright infringement claims must be dismissed as a matter of law because it did not itself do the purportedly infringing training. It had argued that "holding it liable for that conduct would make the millions of third parties who have downloaded and implemented the AI products challenged in this case -- many of which are open source software -- liable for infringement, which is unsupportable." The Judge REJECTED that argument in the context of DeviantArt's Motion to Dismiss on BOTH the "input" and "output" sides of the equation -- allowing it to move forward. On the "input" side, in the Judge's words, "The actual operation of Stable Diffusion 1.4 and whether the amount of any plaintiff's copyrighted works in that program suffices for copyright infringement or a fair use defense concerning #DeviantArt remains to be tested at summary judgment." And on the "output" side, the Judge wrote that whether DeviantArt's "Dream Up" software "operates in a way that could draw upon or otherwise reproduce plaintiffs' works to an extent that violates the Copyright Act and whether a fair use defense applies are issues that must be tested on an evidentiary basis" at the summary judgment phase. Want to learn more on a continuing basis? Subscribe to my generative AI and media/entertainment focused newsletter called "the brAIn" on Substack. https://lnkd.in/gtsk8AH8 #copyright #infringement #media #entertainment #music #hollywood Edward Lee

As the song says, "Yesterday's gone", but that hasn’t stopped people’s love of the Fleetwood Mac album, Rumours. Music producer and engineer, Ken Caillat, is among those who liked the album. He liked it so much that back in 2012 he published a memoir of his experience producing the album. Playwrite, David Adjmi, the writer of Stereophonic, a Broadway hit about a famous British-American rock band, also like the album. Earlier this month, Caillat sued Adjmi and others alleging copyright infringement for using the material in his book without permission. The lawsuit cites several similarities between the play and the memoir including settings, characters, storylines and dialogue. The lawsuit also says that Adjmi's plan to adapt Stereophonic into a movie interferes with Caillat's plans for a film based on "Making Rumours,” the title of Caillat’s book. If you have written a book about your experiences in producing a multi-platinum selling album–or about anything perhaps less conspicuous–and you believe someone is attempting to adapt your copyrighted work without your authorization, contact Madan Law PLLC. They deal in facts, not rumors. #IPLaw #IntellectualProperty #MadanLawPLLC #LegalGuidance #ProtectYourInnovation #ProtectYourCopyright #Entrepreneur #Rumours #MakingRunours #FleetwoodMac  #Trademark #Patent #Copyright #MakeYourMark #Gotip #LegalTips @YourIPAttorney