Rights

The EU’s framework for collective licensing rests on Extended Collective Licensing, or ECL. Under ECL, a CMO is authorized by law to license works on behalf of all rightsholders in a given category — even those who never signed up. The idea is elegant: one blanket license, one payment stream, universal coverage. The trouble starts with what happens after the money is collected.

Source: The Licensing Mirage: Why Collective Models Won’t Save the Visual Industry from AI

The Supreme Court’s recent reversal of the billion-dollar Cox Communications verdict also makes an appearance in the long-running legal battle between Yout.com and the RIAA. The streamripper’s counsel argues that the ruling’s treatment of noninfringing uses is relevant to its case against the RIAA. The music group disagrees, suggesting that it is not relevant.

Source: Yout.com Hopes Supreme Court’s Cox Ruling Helps Its Case; RIAA Disagrees

On the facts of the case, the Chinese court, in a case of first impression, held that copyright did not subsist in six sets of prompts submitted to Midjourney and hence the copying of those prompts could not infringe copyright. However, the court suggested that there could be copyright in a more elaborate and specific set of prompts that meets copyright’s standard for originality.

Source: Copyright in AI Prompts: Chinese Court Ruling on Generative AI and Originality

Four organizations representing various publishers and content creators have filed an amicus brief supporting Concord Music Group in its copyright infringement lawsuit against AI giant Anthropic. According to a joint statement from the leaders of the four organizations involved, “This case illuminates the critical, collaborative licensing markets that are developing among copyright owners and technology companies for consumer-facing AI products, driving better, safer, and fairer outcomes for all involved.”

Source: Publishers Back Concord Music Group’s AI Suit

The coalition, which also includes A2IM, SoundExchange, SONA, BMAC, the Music Artists Coalition, and the Artist Rights Alliance, filed an amicus brief on Monday (March 30) urging a federal court to reject Anthropic’s fair use defense in the case brought by Universal Music Publishing Group, Concord Music Group, and ABKCO in October 2023. Its core argument is twofold: that AI-generated music already acts as a direct market substitute for human-created works, and that a functioning licensing market for AI training already exists.

Source: RIAA, NMPA file amicus brief backing UMG, Concord and ABKCO in original Anthropic case

The Supreme Court justices ruled that ISPs and related platforms cannot be held liable for users’ copyright violations unless the service is specifically tailored for infringement or very actively encourages law-breaking piracy. X, which already defeated publishers’ direct infringement claims, now feels it has zero liability for secondary infringement. “If the Supreme Court had issued this opinion three years ago, X believes this court would have dismissed plaintiffs’ contributory infringement claim in its entirety,” X’s attorneys blasted less than 48 hours after the Supreme Court’s verdict. 

Source: Did the Supreme Court Just Hand Elon Musk a Giant Victory Over Music Publishers?

The UK Government has released its long-awaited copyright report, framed as an attempt to reconcile the competing interests of creators, technology companies and the wider innovation ecosystem. Rightsholders will welcome it, while the UK’s AI sector will find less comfort. Two core policy decisions (on training data and on the ownership of AI-generated outputs) mark a shift away from earlier, more developer-friendly proposals. Both decisions leave significant questions unanswered.

Source: Q&A: The UK’s Copyright Report – A Gift to Creators, a Problem for AI

By the numbers, said payment consists of the maximum $150,000 a pop in statutory damages for 48 Warner Music recordings as well as 50 recordings apiece for Sony Music and Universal Music – or $22.2 million total. And the label litigants further spelled out that “if needed,” they could identify a multitude of their works in the 86 million tracks that Anna’s Archive allegedly scraped from Spotify.

Source: Major Labels Seek ‘Extremely Conservative’ $322 Million in Damages from Anna’s Archive

Capitol CMG, Warner-Tamerlane Publishing, BMG Rights Management and Essential Music Publishing filed a motion on March 26 in the US Middle District of Louisiana asking the court to substitute them as defendants in place of Robert Resnik, who sold his asserted 25% stake in Double Shot (Of My Baby’s Love) to the publishers on March 20. The publishers said in the filing that they acquired Resnik’s stake as they seek to ask the Supreme Court to review the Fifth Circuit’s January ruling.

Source: Publishers acquire stake in song at center of termination rights case; plan SCOTUS challenge