Copyright
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DaBaby has been dropped from a copyright lawsuit accusing him and Dua Lipa of ripping off their smash hit “Levitating” from decades-old songs.
In an order Monday (July 10), a Manhattan federal judge granted a request by lawyers for L. Russell Brown and Sandy Linzer to voluntarily dismiss the rapper from their case, which claims Lipa’s massive hit infringed their 1979 song “Wiggle and Giggle All Night” and their 1980 song “Don Diablo.”
The accusers did not explain why they were dropping their case against DaBaby (real name Jonathan Lyndale Kirk), who featured on a popular remix of Lipa’s song. But they made clear that the case would continue against Lipa herself and music companies involved in the song: “For the avoidance of doubt, plaintiffs maintain and do not hereby dismiss their claims against any other defendant in this matter.”
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An attorney for Brown and Linzer declined to comment on why they had dismissed DaBaby from the case. An attorney for DaBaby did not return a request for comment.
Brown and Linzer’s case, filed in March 2022, was one of two federal copyright lawsuits filed in quick succession over “Levitating” — a massive hit that spent 77 weeks on the Hot 100 and was named the No. 1 Hot 100 song of 2021. The case claimed the melody that starts just a few seconds into “Levitating,” when Lipa sings “If you wanna run away with me,” was a “duplicate” of a similar passage featured in the two earlier songs.
The other “Levitating” case, filed just days earlier by a reggae band named Artikal Sound System, claimed Lipa had lifted her song’s core hook from their little-known 2015 song “Live Your Life.” But the band dropped that lawsuit last month, just days after a federal judge cast serious doubt on whether Artikal could prove that Lipa ever even heard their song.
Though Brown and Linzer’s case will continue against Lipa, they could be facing a similar ruling soon.
Last summer, Lipa’s lawyers made the same arguments as they made in the Artikal case, saying the two accusers could not prove that she had ever had “access” to the earlier songs — a make-or-break requirement for any copyright lawsuit. Brown and Linzer’s attorneys have countered that their songs had millions of listens on internet platforms, giving the “Levitating” writers ample opportunity to hear them.
A ruling on that question is pending.
The National Music Publishers’ Association says its members are suing Twitter over allegations of widespread copyright infringement and seeking hundreds of millions in damages, telling the Elon Musk-owned site it can no longer “refuse to pay songwriters and music publishers.”
In the lawsuit, which the group plans to announce during its annual meeting Wednesday (June 14), dozens of music publishers allege that Twitter had infringed more than 1,700 different songs — a claim that, if proven, could put the social media giant on the hook for as much as $255 million in damages.
“Twitter profits handsomely from its infringement of publishers’ repertoires of musical compositions,” the music companies write in their complaint, which was obtained by Billboard. “Twitter’s unlawful conduct has caused and continues to cause substantial and irreparable harm to Publishers, their songwriter clients, and the entire music ecosystem.”
Twitter did not respond to immediate request for comment.
The plaintiffs named in the lawsuit, set to be filed in Tennessee federal court, include Concord, UMPG, peermusic, ABKCO Music, Anthem Entertainment, Big Machine Music, BMG Rights Management, Hipgnosis Songs Group, Kobalt Music Publishing America, Mayimba Music, Reservoir Media Management, Sony Music Publishing, Spirit Music Group, The Royalty Network, Ultra Music Publishing, Warner Chappell Music, and Wixen Music Publishing.
The announcement that the NMPA would be pursuing legal action against Twitter shouldn’t come as a total surprise. In a February speech at the Association of Independent Music Publishers (AIMP) summit, NMPA president and CEO David Israelite called Twitter his “top legal focus” this year. He warned that the company was “hiding behind” the Digital Millenium Copyright Act – the federal law that limits how websites like Twitter can be sued over copyright infringement by their users.
In a statement on Wednesday, Israelite echoed that threat, saying that Twitter could no longer “hide behind the DMCA and refuse to pay songwriters and music publishers.”
“Twitter stands alone as the largest social media platform that has completely refused to license the millions of songs on its service,” Israelite said in a statement. “Twitter knows full well that music is leaked, launched, and streamed by billions of people every day on its platform.”
The DMCA provides websites like Twitter with a legal immunity — a “safe harbor” — against copyright lawsuits over material uploaded by their users, so long as they promptly remove infringing content and ban repeated violators from the platform. But in their new lawsuit, the publishers allege that Twitter failed to do either, meaning the site has legally forfeited the DMCA’s protections.
“Twitter routinely ignores known repeat infringers and known infringements, refusing to take simple steps that are available to Twitter to stop these specific instances of infringement of which it is aware,” the publishers wrote.
The NMPA annual meeting each year is known to feature at least one bombshell announcement from Israelite. Last year, the NMPA launched a legal action against over a hundred different apps that skim music from digital services without obtaining licenses, sent cease and desist notices to Apple and Google app stores, and filed a copyright infringement lawsuit against music video-making app Vinkle. In 2021, Israelite announced $200 million copyright infringement lawsuit against Roblox for hosting thousands of unlicensed songs within the game’s library.
The NMPA’s public grievances with Twitter date back to at least April 2021, when a Billboard published a guest column, co-penned by Israelite and RIAA chief Mitch Glazier. In it, the two leaders called for social media platform to license music and noted that in the last year music creators had sent more than 2 million notices to Twitter of unlicensed and infringing appearances of copyrighted music on the platform, more than 200,000 of which were of unreleased songs. “The company’s response to date has been totally inadequate,” the article lamented. It went on to suggest three ways for Twitter to address the grievances the music business has had with its operations: “licensing music and pay music creators like others do,” “better content protection tools,” and “stop demanding exorbitant payments from creators for content protection.”
Since Jack Dorsey stepped down from Twitter in November 2021, the stability of the company has been in constant flux. By the time Musk bought the company and assumed the role of CEO in October 2022, Twitter’s future seemed even more uncertain amid Musk’s controversial leadership, widespread cost cutting measures, and restructuring of the company. Since Dorsey’s departure, Israelite has taken to the platform to express his hope that subsequent chiefs like Parag Agrawal, Musk and now Linda Yaccarino would “finally” “take a new approach” with licensing music.
But in Wednesday’s lawsuit, the publishers said things had only gotten worse: “Twitter’s change in ownership in October 2022 has not led to improvements in how it acts with respect to copyright. On the contrary, Twitter’s internal affairs regarding matters pertinent to this case are in disarray.”
Licensing for games, social media, and other applications is quickly becoming a major component of music publishers’ income. At last year’s annual meeting, NMPA announced that licensing from new revenue streams — like Twitch, Roblox, Peloton and others — now account for 29.11% of music publishers’ income, something that is expected to only rise over time. This has come with the success of the NMPA’s aggressive legal agenda in recent years, and has helped publishers diversify their income from streaming, which is strictly regulated in the U.S. by the Copyright Royalty Board.
In the lawsuit against Twitter, the publishers noted that TikTok, Facebook, Instagram, YouTube, and Snapchat had all entered into such broader licensing deals, enabling their users to use copyrighted music while still compensating songwriters. Twitter, they wrote, cannot not continue to be the exception.
“Twitter is seizing for itself an artificial competitive advantage against companies that are not violating copyright law, undercutting existing markets, cheapening the value of music, and undermining Publishers’ well-established business models,” lawyers for the publishers wrote.
A Grammy Award-winning composer has dropped her closely-watched lawsuit against YouTube over access to its anti-piracy tools like Content ID, just a day before it had been set to go to trial — and weeks after a federal judge gutted the case by refusing to let it move forward as a class action.
Maria Schneider spent years litigating her lawsuit, which claimed that YouTube had become a “hotbed of piracy” because it provided effective content tools only to “powerful copyright owners” like record labels and not to “ordinary owners” like artists and songwriters.
But on Sunday (June 11), with a jury trial scheduled to kick off on Monday morning), lawyers for both sides told a federal judge that they had agreed to end the case without a decision: “In light of the stipulation of dismissal of all claims with prejudice, the jury trial set for June 12, 2023, is vacated,” Judge James Donato wrote. “The case is closed.”
The sudden end to the case came just weeks after Judge Donato issued a crucial ruling that dramatically reduced the scope of the lawsuit: That Schneider could not team up with tens of thousands of other rightsholders who she claims suffered similar harm from YouTube’s policies.
Schneider quickly moved to appeal that ruling and postpone the trial, arguing that it would “gravely undermine” the goals of her lawsuit. But a federal appeals court denied that motion on Friday.
Faced with a jury trial they had warned would be “enormously wasteful,” Schneider’s lawyers dropped their case. Neither side immediately returned requests for more information about how the resolution of the litigation was reached, including specific details about any kind of settlement agreement.
Filed in 2020, Schneider’s lawsuit claims that YouTube (owned by Google parent Alphabet) forces songwriters and other smaller rights holders to use “vastly inferior and time-consuming manual means” of policing infringement, allowing piracy of their material to flourish on the platform.
For its part, YouTube says it’s done nothing wrong. In court documents, the company has argued that it’s spent “spent over $100 million developing industry-leading tools” to prevent piracy, but that it limits access because “in the hands of the wrong party, these tools can cause serious harm.”
The case was filed as a class action, aiming to let potentially tens of thousands of aggrieved copyright owners team up to fight what Schneider’s lawsuit called “institutionalized misbehavior.” An expert retained by her legal team said the class could include between 10,000 and 20,000 rights holders.
But in a May 22 ruling, Judge Donato refused to “certify” the case as a class action. Under federal law, class-action accusers must share very similar legal concerns — and the judge said Schneider’s fellow rights holders would have widely different cases against YouTube.
Following that ruling, Schneider quickly moved to postpone the trial. But at a hearing days after the decision, Donato said he would stick to the schedule: “I’m not going to do that. You got a trial set on June 12th. This is a 2020 case; OK. It’s showtime.”
In a June 5 emergency petition to the U.S. Court of Appeals for the Ninth Circuit, Schneider’s lawyers demanded the appeals court put the case on ice while she filed an appeal on the class certification issue. They argued that a “brief” pause would prevent the judge’s “last-minute, haphazard and erroneous” ruling from derailing a case with important implications.
“The named plaintiffs here joined the case to litigate class claims, and to vindicate their view that YouTube tramples on the rights of independent artists and smaller copyright holders overall, not just those of the individual plaintiffs,” her lawyers told the appeals court.
But in a ruling published on Friday evening, the Ninth Circuit rejected those arguments: “The court, in its discretion, denies the petition for permission to appeal,” the court wrote. “Petitioners’ emergency motion for a stay is denied as moot.”
Schneider and her lawyers still could have proceeded to trial against YouTube, litigating the case simply on behalf of her and another plaintiff. But they had strongly indicated in court filings that they did not want to proceed to the trial without class-action status.
A week after winning his landmark copyright case, Ed Sheeran is celebrating by playing the Academy of Country Music (ACM) Awards in Frisco, Texas tonight. Though only announced Tuesday (May 9), his appearance has been in the works for a few weeks when an unrevealed artist invited him to play together.
That artist and their performance are a secret, but Sheeran is also playing “Life Goes On,” from his new album – (Subtract).
If he has it his way, Sheeran will be making a lot more country music. “I talk about this to my wife all the time. I would love to transition into country,” he tells Billboard backstage at the Ford Center at The Star at Frisco following rehearsal. “I love the culture of it, I just love the songwriting. It’s just like brilliant songs.”
Sheeran considers himself a major country music fan. He’s lived in Nashville twice for extended periods of time in 2013 and 2018 and found himself very inspired by the local songwriters. “It’s like a community. There’s not really a place in Europe where you could point and say, ‘That’s the home of songwriting,’” he says. “It’s not just for country music. Nashville is just a hub of incredible songwriters, incredible performers. And I really felt inspired just being there being around everyone.”
He has Taylor Swift to thank for turning him on to country music. “I’d never really listened to country music as a kid growing up. It was only being on Taylor’s Red tour and living in Nashville and her basically introducing me to that side of it.”
Now he’s a convert, adding that “there’s a radio station in England called [CountryLine Radio] that me and my wife have on all day, every day in the kitchen.”
As country grows in popularity internationally, he predicts more artists experiencing global success. “Luke Combs could probably play a stadium in England. I think if he put on Wembley [Stadium] next summer, he could sell it.” (Combs, who is on a world tour, already has two O2 Arena dates in London on his October calendar.)
As Sheeran celebrates his May 4 copyright victory during which a jury ruled that his 2014 hit “Thinking Out Loud” did not copy Marvin Gaye’s 1973 classic “Let’s Get It On,” he hopes that his willingness to fight instead of settle helps other songwriters, though he admits it may take some time to change the current culture where such suits have “become a big money business,” he says.
“But the more that people step up and fight, the less it’s going to happen because the reason it has become a culture and a big money business is because of the threat of it. And so, people settle because they don’t want to spend a lot of money on lawyers and take time out,” he says. “I took time out of promoting my album two weeks, I spent a lot of money on lawyers to prove my innocence. And I think that if that happens more and more and more, it’ll just stop people thinking that they can just do a hit and run basically.”
On Monday (May 8), President Joe Biden announced his intent to nominate Deborah Robinson as the next Intellectual Property Enforcement Coordinator (IPEC). The role was formed in 2008 as part of the Executive Office of the President and advises the president on U.S. intellectual property strategy.
Robinson most recently served as the head of intellectual property enforcement at Paramount Global (formerly ViacomCBS), but before that, she worked at the Recording Industry Association of America (RIAA) for five years, protecting music rights. She also spent seven years as an assistant district attorney for Philadelphia.
Along with her strong history of employment in the entertainment business, Robinson serves as co-chair of the diversity committee of the IP section of the New York State Bar Association and as a Board Member of Aequitas, a non-profit focused on access and quality of justice in cases of human trafficking and gender-based violence.
Robinson would replace Vishal Amin, who was confirmed as IPEC under President Donald Trump and left the post in 2021. Since then, the position has been vacant, something pointed out by Congressman Adam Schiff and Mark Cohen — a distinguished senior fellow and director of Asia IP Project, Berkeley Center for Law and Technology — in a recent meeting for the Congressional subcommittee on courts, intellectual property, and the internet.
“RIAA applauds President Biden’s nomination of Deborah Robinson to serve as Intellectual Property Enforcement Coordinator,” said RIAA chairman/CEO Mitch Glazier in a statement. “Deborah is deeply qualified to serve our nation as IPEC and will bring unmatched policy depth and appreciation for the economic and cultural importance of strong IP enforcement to this vital role. Deborah will be an extremely welcome and effective addition to the Executive Office of the President, filling a position that has been vacant for the past three years and leading an exceptional team. We thank President Biden for selecting such an outstanding nominee to advance smart, pro-growth IP policies and enforcement practices around the world.”
“We welcome the nomination of Deborah Robinson to serve as the Intellectual Property Enforcement Coordinator (IPEC),” added NMPA president/CEO David Israelite. “Ms. Robinson brings incredible experience and insight to the role which serves an important function to spotlight and safeguard creator’s work across the globe. In addition to an extensive career as a prosecutor, she has held senior positions specifically in the field of music and copyright enforcement. We look forward to engaging with Ms. Robinson and supporting her important work once confirmed.”
A Manhattan federal jury on Thursday (May 4) cleared Ed Sheeran of allegations that his “Thinking Out Loud” infringed the copyright of Marvin Gaye’s famed “Let’s Get It On,” allowing the star to avoid millions in potential damages.
After a closely-watched trial before a packed courtroom, the seven-person jury issued a verdict that determined Sheeran had proved he didn’t infringe upon the copyright of the soul classic. Following the verdict, he briefly put his hands over his face in relief and hugged his lawyer, according to the Associated Press. As jurors left the courtroom, Sheeran quietly mouthed the words “thank you” in their direction. He then spoke for about 10 minutes with the plaintiffs, including the daughter of Ed Townsend, who co-created the 1973 soul classic with Gaye. They hugged and smiled with each other.
If he’d been found liable, Sheeran would have been facing millions in potential damages and could have been forced to change the credits on his song. After a jury verdict in 2015 that found Robin Thicke and Pharrell Williams‘ megahit “Blurred Lines” had infringed Gaye’s “Got To Give It Up,” the two stars were ultimately ordered to pay a $5 million judgment, plus ongoing royalties from their song.
The verdict came nearly seven years after Sheeran was first sued by the heirs of Ed Townsend, Gaye’s longtime producer who co-wrote “Let’s Get It On,” over “Thinking Out Loud” — a commercial and critical success that hit No. 2 on the Hot 100 before winning the Grammy Award for song of the year. (Gaye’s actual heirs, who won the verdict over “Blurred Lines” are not involved in the case.)
In their suit, Kathryn Townsend Griffin and other heirs of Ed Townsend said Sheeran had “knowingly and intentionally infringed” the earlier tune, stealing the “heart” from one of the most “instantly recognizable songs in R&B history.”
The trial, taking place at the U.S. federal courthouse in Lower Manhattan, kicked off Tuesday with opening statements from both sides. Benjamin Crump, representing Griffin, told the jury to use their “common sense” to see that the pop star had stolen the “magic” from the earlier song. But Sheeran’s attorney, Ilene Farkas, said Griffin had not right to monopolize the “exceedingly common musical building blocks” featured in both songs. “Plaintiffs do not own them, because nobody does,” Farkas said. “All songwriters draw from this same basic toolkit.”
Later that same day, jurors then heard testimony from Sheeran himself, who strongly denied the allegations and insisted that he be allowed — over complaints from opposing attorneys — to offer additional context to defend his actions: “I feel like you don’t want me to answer because what I’m going to say is going to make quite a lot of sense,” Sheeran said.
One key piece of evidence during the trial was a video clip from a 2014 concert, in which Sheeran seamlessly switches from “Thinking” to “Lets” and back again, drawing huge cheers from the crowd. Crump called it a “smoking gun” against the star: “That concert video is a confession.”
But Sheeran and his lawyers said the video simply underscored the fact that he had done nothing wrong by using a basic set of chords that appear in many songs: “Quite frankly, if I’d done what you’re accusing me of, I’d be an idiot to stand up in front of 20,000 people and do that,” the singer said from the witness stand.
Later in the week, jurors heard testimony from Amy Wadge, who co-wrote “Thinking” with Sheeran (but isn’t named as a defendant), and Jake Gosling, who produced the song (also not named as a defendant). And both sides called their own musicologists — Lawrence Ferrara for Sheeran and Alexander Stewart for the Townsends — who offered dueling expert testimony about whether the similarities between the two tracks met the legal requirements for copyright infringement.
The Associated Press contributed reporting.
A federal judge in Georgia ordered the hip-hop mixtape site Spinrilla and its founder Jeffery Copeland to pay Universal Music, Warner Music, Sony Music and others $50 million for copyright infringement related to the streaming and downloading of thousands of songs by Bob Marley, Beyonce, Kendrick Lamar and more, according to a settlement agreement filed Wednesday.
As part of the agreement, Copeland is also permanently forbidden from operating Spinrilla or any other website, platform or similar projects anywhere in the world.
The settlement this week stems from a six-year-old lawsuit filed by the Recording Industry Association of America (RIAA) on behalf of UMG, Sony Music Entertainment, Warner Bros. Records, Atlantic Recording Corporation and LaFace Records, alleging that Spinrilla and Copeland allowed users to stream and download unlicensed content.
Copeland founded Spinrilla in early 2013 as an app for approved users to listen to and discover “independent and emerging hip-hop artists.” When the music industry filed its lawsuit, Spinrilla had 19 million users, including 14,000 who could upload content to the platform, and around 1.4 million songs available on the platform.
Over the course of the case, the RIAA said it identified more than 4,000 songs by Rihanna, Michael Jackson, Kanye West and others that were infringed, and in late 2020, U.S. District Judge Amy Totenberg found Spinrilla liable for copyright infringement.
UMG, WMG, Sony Music Entertainment and Spinrilla did not respond to requests for comment.
As part of the agreement, Spinrilla will transfer the domain name for its service to the music industry companies, which they have agreed not to use.
Attorneys for Ed Sheeran and his copyright accusers sparred before a Manhattan federal jury Tuesday morning, kicking off a closely-watched trial over whether his “Thinking Out Loud” infringed Marvin Gaye‘s famed “Let’s Get It On.”
With Sheeran himself watching impassively, attorney Benjamin Crump repeatedly told the jury to use their “common sense” to see that the pop star had stolen the “magic” from the earlier song.
“If you remember nothing else about this case, simply remember it is about giving credit where credit is due,” Crump said during his opening statement, occasionally speaking directly to Sheeran just feet away.
Teasing testimony that will unfold during the trial, Crump said he would show jurors “smoking gun” evidence: a much-debated video of Sheeran toggling between the two songs at a concert.
“That concert video is a confession,” Crump said.
Firing back for Sheeran was attorney Ilene Farkas, who told the jury during her own opening statements that Sheeran had “independently created” his song. And more importantly, she said, the only overlap with “Let’s” were his use of “exceedingly common musical building blocks” that cannot be “monopolized” by his accusers.
“Plaintiffs do not own them, because nobody does,” Farkas said. “All songwriters draw from this same basic toolkit.”
Ed Sheeran arrives at Manhattan Court to testify on the copyright trial where he is accused of copying Marvin Gaye’s song, in New York, United States on April 25, 2023.
Fatih Aktas/Anadolu Agency via GI
She said her clients had been “wrongly accursed of taking something they did not take,” and warned jurors that a verdict for Sheeran’s accusers would “change the what that songwriters are able to write.”
“We ask you not to let that happen,” Farkas told the jury.
Tuesday’s opening statements mark the start of a long-awaited trial in a copyright lawsuit filed way back in 2017 by heirs of Ed Townsend, Gaye’s longtime producer who co-wrote “Let’s Get It On,” over Sheeran’s “Thinking Out Loud” — a commercial and critical success that hit No. 2 on the Hot 100 before winning the Grammy Award for song of the year.
The case claims that Sheeran infringed copyrights by stealing the “heart” from one of the most “instantly recognizable songs in R&B history.” But the pop star’s lawyers say he simply used commonplace musical elements that are free for all to use.
The trial, taking place at the U.S. federal courthouse in Lower Manhattan, kicked off Monday with jury selection on Monday before actually getting under way with opening statements on Tuesday. Testimony is expected to run at least through Friday, meaning a verdict could arrive Friday or early the following week.
Testimony will continue on Tuesday afternoon, potentially with Sheeran himself taking the witness stand.
If found liable, Sheeran could be facing millions in potential damages. After a jury ruled that the 2013 megahit “Blurred Lines” had infringed Gaye’s “Got To Give It Up,” Robin Thicke and Pharrell Williams were ultimately ordered to pay a $5 million judgment, plus ongoing royalties from their song.
When Universal Music Group emailed Spotify, Apple Music and other streaming services in March asking them to stop artificial-intelligence companies from using its labels’ recordings to train their machine-learning software, it fired the first Howitzer shell of what’s shaping up as the next conflict between creators and computers. As Warner Music Group, HYBE, ByteDance, Spotify and other industry giants invest in AI development, along with a plethora of small startups, artists and songwriters are clamoring for protection against developers that use music created by professionals to train AI algorithms. Developers, meanwhile, are looking for safe havens where they can continue their work unfettered by government interference.
To someday generate music that rivals the work of human creators, AI models use a process of machine-learning to identify patterns in and mimic the characteristics that make a song irresistible, like that sticky verse-chorus structure of pop, the 808 drums that define the rhythm of hip-hop or that meteoric drop that defines electronic dance. These are distinctions human musicians have to learn during their lives either through osmosis or music education.
Machine-learning is exponentially faster, though; it’s usually achieved by feeding millions, even billions of so-called “inputs” into an AI model to build its musical vocabulary. Due to the sheer scale of data needed to train current systems that almost always includes the work of professionals, and to many copyright owners’ dismay, almost no one asks their permission to use it.
Countries around the world have various ways of regulating what’s allowed when it comes to what’s called the text and data mining of copyrighted material for AI training. And some territories are concluding that fewer rules will lead to more business.
China, Israel, Japan, South Korea and Singapore are among the countries that have largely positioned themselves as safe havens for AI companies in terms of industry-friendly regulation. In January, Israel’s Ministry of Justice defined its stance on the issue, saying that “lifting the copyright uncertainties that surround this issue [of training AI generators] can spur innovation and maximize the competitiveness of Israeli-based enterprises in both [machine-learning] and content creation.”
Singapore also “certainly strives to be a hub for AI,” says Bryan Tan, attorney and partner at Reed Smith, which has an office there. “It’s one of the most permissive places. But having said that, I think the world changes very quickly,” Tan says. He adds that even in countries where exceptions in copyright for text and data mining are established, there is a chance that developments in the fast-evolving AI sector could lead to change.
In the United States, Amir Ghavi, a partner at Fried Frank who is representing open-source text-to-image developer Stability AI in a number of upcoming landmark cases, says that though the United States has a “strong tradition of fair use … this is all playing out in real time” with decisions in upcoming cases like his setting significant precedents for AI and copyright law.
Many rights owners, including musicians like Helienne Lindevall, president of the European Composers and Songwriters Alliance, are hoping to establish consent as a basic practice. But, she asks, “How do you know when AI has used your work?”
AI companies tend to keep their training process secret, but Mat Dryhurst, a musician, podcast host and co-founder of music technology company Spawning, says many rely on just a few data sets, such as Laion 5B (as in 5 billion data points) and Common Crawl, a web-scraping tool used by Google. To help establish a compromise between copyright owners and AI developers, Spawning has created a website called HaveIBeenTrained.com, which helps creators determine whether their work is found in these common data sets and, free of charge, opt out of being used as fodder for training.
These requests are not backed by law, although Dryhurst says, “We think it’s in every AI organization’s best interest to respect our active opt-outs. One, because this is the right thing to do, and two, because the legality of this varies territory to territory. This is safer legally for AI companies, and we don’t charge them to partner with us. We do the work for them.”
The concept of opting out was first popularized by the European Union’s Copyright Directive, passed in 2019. Though Sophie Goossens, a partner at Reed Smith who works in Paris and London on entertainment, media and technology law, says the definition of “opt out” was initially vague, its inclusion makes the EU one of the most strict in terms of AI training.
There is a fear, however, that passing strict AI copyright regulations could result in a country missing the opportunity to establish itself as a next-generation Silicon Valley and reap the economic benefits that would follow. Russian President Vladimir Putin believes the stakes are even higher. In 2017, he stated that the nation that leads in AI “will be the ruler of the world.” The United Kingdom’s Intellectual Property Office seemed to be moving in that direction when it published a statement last summer recommending that text and data mining be exempt from opt-outs in hopes of becoming Europe’s haven for AI. In February, however, the British government put the brakes on the IPO’s proposal, leaving its future uncertain.
Lindevall and others in the music industry say they are fighting for even better standards. “We don’t want to opt out, we want to opt in,” she says. “Then we want a clear structure for remuneration.”
The lion’s share of U.S.-based music and entertainment organizations — more than 40, including ASCAP, BMI, RIAA, SESAC and the National Music Publisher’s Association — are in agreement and recently launched the Human Artistry Campaign, which established seven principles advocating AI’s best practices intended to protect creators’ copyrights. No. 4: “Governments should not create new copyright or other IP exemptions that allow AI developers to exploit creators without permission or compensation.”
Today, the idea that rights holders could one day license works for machine-learning still seems far off. Among the potential solutions for remuneration are blanket licenses something like the blank-tape levies used in parts of Europe. But given the patchwork of international law on this subject, and the complexities of tracking down and paying rights holders, some feel these fixes are not viable.
Dryhurst says he and the Spawning team are working on a concrete solution: an “opt in” tool. Stability AI has signed on as its first partner for this innovation, and Dryhurst says the newest version of its text-to-image AI software, Stable Diffusion 3, will not include any of the 78 million artworks that opted out prior to this advancement. “This is a win,” he says. “I am really hopeful others will follow suit.”
The rapper Cam’ron is facing a copyright lawsuit over allegations that he used a 2003 image of himself on t-shirts, jewelry and a slew of other merchandise sold by his Dipset Couture – all without any kind of license from the original photographer.
In a complaint filed Tuesday (April 11) in New Jersey federal court, photographer Djamilla Cochran claimed the “Hey Ma” rapper (real name Cameron Giles) splashed her image — a shot of Cam wearing a fuzzy pink coat and hat while holding a matching flip phone — across a wide range of Dipset products.
She says he also repeatedly posted the image to Instagram to promote those products, which also included shower curtains, pillows, swimsuits, socks and even a birthday cake. The complaint came with numerous screenshots of Dipset Couture’s product listings and Cam’ron’s posts promoting them.
And, according to the lawsuit, Cam’ron was alerted numerous times that he was using the image without a license.
“Getty Images notified defendants of their infringing activities by mail and email on multiple occasions,” Cochran’s lawyers wrote. “Despite those notifications, defendants continued to sell merchandise and continued to display the photograph on website and accounts.”
Reps for Cam’ron did not immediately return a request for comment.
Cochran’s image (featured above) captured Cam’ron at the Mercedes-Benz Fashion Week Show in New York in 2003, wearing a flashy color that would become a key part of his brand identity. In 2016, GQ magazine used the photo atop an article titled “Cam’ron Is Very Particular When It Comes to the Color Pink,” saying that the rapper had “defined himself with an iconic pink mink coat” at that fashion show.
While it might sound unfair to a celebrity, the copyrights to a photo are almost always retained by the person who snapped it. Being featured in an image doesn’t grant someone a right to use it for free, and certainly not on commercial merchandise.
That’s not a new dilemma for stars. Over the last few years, Miley Cyrus, Dua Lipa, Justin Bieber, Ariana Grande, Emily Ratajkowski, LeBron James, Katy Perry and others have all faced copyright cases after they re-used photos of themselves snapped by someone else.
But the lawsuit against Cam’ron is potentially more serious than those earlier cases, which mostly dealt with stars just reposting an image on social media. His alleged unauthorized use of Cochran’s image on numerous commercial products, even after he was allegedly warned to stop, could leave him facing more substantial damages.
According to screenshots included in the lawsuit, Cam’ron had been doing so for years. Instagram posts from his mr_camron handle dating back as far as 2014 show Cochran’s image, including on skateboards, facemasks and reposted in full.