Superman’s Copyright Saga
The creators of Superman sold their rights for just $130 in 1938, igniting decades of lawsuits over ownership and fair treatment. Now, the battle continues as Shuster’s heir claims to hold certain foreign rights…
China’s Controversial Court Rulings on AI Output—and How It May Affect People in the US
Chinese courts are recognizing AI-generated works as copyrightable, and these rulings could potentially impact those in the US under certain circumstances.
Independent Publisher’s Lawsuit Against Audible Fails, Highlighting Challenges to Receive Fair Streaming Compensation
Audible has a history of relying on ambiguous contractual terms to reduce author payouts. Despite Audible’s track record, the courts were unsympathetic to Teri Woods’ grievances.
Thomson Reuters v. Ross: The First AI Fair Use Ruling Fails to Persuade
Facts of the Case On February 11, Third Circuit Judge Stephanos Bibas (sitting by designation for the U.S. District Court
AUTHORS ALLIANCE SUBMITS AMICUS BRIEF IN SEDLIK v. DRACHENBERG
The case Sedlik v. Drachenberg, currently pending before the 9th Circuit, presents the 9th Circuit a first opportunity to interpret the fair use right in the wake of the Warhol decision. Anticipating the far-reaching consequences for artists and authors, Authors Alliance filed an amicus brief in support of KVD. In our brief, we explained that (1) a distinct purpose is required for the first factor to tilt in favor of fair use, (2) a successful social media presence does not automatically render all postings “commercial,” and (3) concrete evidence is needed to prove the existence of a licensing market or the likelihood of it developing.
Revived Class Action Against McGraw Hill: the Importance of Publishing Contracts
At the heart of the Flynn v. McGraw Hill case is a breach of contract claim. The plaintiffs argue that McGraw Hill’s royalty deductions for maintaining its online system violated the terms of the agreement. Central to the argument is the publisher’s promise to ‘publish at its own expense.’ This case serves as a prime example of how important it is to scrutinize the details of a publishing agreement, where the devil often lies.
Artist Left with Heavy Fees by Copyright Troll Law Firm
The final outcome of the case: the plaintiff was ordered to cover $102,404 in fees and $165.72 in costs for the defendant. This should serve as a cautionary tale for would-be plaintiffs: copyright lawsuits, like any other type of litigation, are primarily meant to address the damages plaintiffs actually suffered, and the final settlement should make plaintiffs whole again—that is, as if no infringement has ever occurred. Copyright lawsuits (or the threat to sue) should not be undertaken as a way to create brand new income streams.
What is “Derivative Work” in the Digital Age?
Ideas and concepts, including “derivative works,” are only important to the extent they elucidate our understanding of the world. When the use of “derivative works” leads to more confusion than clarity, we should be cautious in adopting the new meaning being superimposed on “derivative works.”
The AI Copyright Hype: Legal Claims That Didn’t Hold Up
Over the past year, two dozen AI-related lawsuits and their myriad infringement claims have been winding their way through the