Performance Rights Organization BMI is engaging with outside parties over the possibility of a sale, as the organization seeks to continue its transition into a for-profit entity. But where those profits will come from is of concern to several groups that advocate on behalf of songwriters, who sent an open letter to BMI CEO Mike O’Neill addressing the issue on Friday (Aug. 18).
Source: Songwriter Groups Question BMI’s For-Profit Plans in Letter to CEO
Danish anti-piracy group Rights Alliance has taken down the prominent “Books3” dataset, that was used to train high-profile AI models including Meta’s. A takedown notice sent on behalf of publishers prompted “The Eye” to remove the 37GB dataset of nearly 200,000 books, which it hosted for several years. Copies continue to show up elsewhere, however.
Source: Anti-Piracy Group Takes Prominent AI Training Dataset ”Books3′ Offline * TorrentFreak
On Friday, Judge Beryl Howell issued an opinion in Dr. Stephen Thaler’s challenge against the U.S. Copyright Office (USCO) over the denial of his application for a work generated entirely using generative artificial intelligence (AI) technology. The opinion supports the USCO’s refusal to register a work in which the claimant disclosed in the application that the image was the result of an AI system, called The Creativity Machine.
Source: Court Says No Copyright Registration for Works Created by Generative AI
In its latest pivot on the subject, marketplace OpenSea announced Thursday that it will soon stop enforcing creator royalty fees on secondary sales of NFTs—a development that will impact artists and teams who receive passive income when their work trades hands following the initial sale. Artists will now only be able to indicate their preferred creator fee, which buyers can choose to pay effectively as a tip.
Source: OpenSea Will Make Creator Royalties Optional for NFT Trades – Decrypt
While various industry estimates are all over the place with some even reaching another $400 million, by Billboard estimates, the just announced determined rates — finalized eight months after the 2017-2022 term expired — could yield up to another $250 million in underpaid mechanical royalties flowing from digital services to publishers and songwriters.
Source: Songwriters & Publishers Have a $250M Payday Coming After Streaming Royalty Determination
The New York Times updated its Terms of Service on August 3rd to prohibit its content — inclusive of text, photographs, images, audio/video clips, “look and feel,” metadata, or compilations — from being used in the development of “any software program, including, but not limited to, training a machine learning or artificial intelligence (AI) system.”
Source: The New York Times says you can’t use its content to train AI models
SoundExchange says that it estimates that SiriusXM has “wrongfully withheld more than $150 million in unpaid royalties over the past several years.” In a complaint filed with the US District Court for the Eastern District of Virginia on Wednesday (August 16), SoundExchange alleged that SiriusXM “has exploited the creative efforts of recording artists without paying legally mandated compensation.”
Source: SoundExchange sues SiriusXM over alleged $150m in unpaid royalties owed to artists and rightsholders
If the world’s largest (Universal) and third-largest (Warner) recorded music companies are both in talks on the issue, it’s a clear sign that this is where things are headed in the industry. However, there are potentially large issues that will need to be ironed out if these types of deals are to prove successful in the long run.
Music publishers are suing the company formerly known as Twitter, but X is now pushing back. Elon Musk’s company has filed a motion asking the court to dismiss the lawsuit in its entirety. The core of its argument is the age-old platform-not-publisher defense. “The law requires that direct infringement arise from active, knowing, non-automated conduct by a defendant – not from the passive, automated operations of a website,” as its motion puts it.
Source: ‘X’ (formerly Twitter) files to dismiss music publishers’ lawsuit – Music Ally
After more than three years of litigation, it took judge John G. Koeltl just hours to sign off on the parties’ negotiated consent judgment—but not without a final twist. In a short written opinion made public yesterday, Koeltl sided with the Internet Archive in a final dispute, limiting the scope of the permanent injunction to cover only the plaintiffs’ print books that also have electronic editions available.
Source: Judge Approves Final Injunction in Publishers, Internet Archive Copyright Case