Getty Images and Nvidia are expanding their AI partnership with the addition of the text-to-image platform Generative AI by iStock, designed to produce stock photos that can be used by individuals or enterprise customers. Built on Nvidia Picasso, a foundry for custom AI models, and trained exclusively on data from Getty Images’ proprietary creative libraries, Generative AI by iStock “has been engineered to guard against generations of known products, people, places or other copyrighted elements,” Getty explains, adding that “any licensed visual that a customer generates comes with iStock’s standard $10,000 USD legal coverage.” Continue reading CES: Getty Rolls Out iStock Generative AI Powered by Nvidia

Newsrooms can potentially benefit greatly from AI language models, but at this early stage they’ve begun laying down boundaries to ensure that rather than having their data coopted to build artificial intelligence by third parties they’ll survive long enough to create models of their own, or license proprietary IP. As industries await regulations from the federal government, The New York Times has proactively updated its terms of service to prohibit data-scraping of its content for machine learning. The move follows a Google policy refresh that expressly states it uses search data to train AI. Continue reading The New York Times Looks to Protect IP Content in Era of AI

Getty Images has filed a lawsuit against Stability AI, alleging the company trained its Stable Diffusion art generator using 12 million images from the Getty database without permission or compensation. The stock photography firm claims Stability AI engaged in “brazen infringement” of Getty Images’ intellectual property “on a staggering scale.” The suit was filed in the U.S. District Court in Delaware. Last month, a trio of artists seeking federal class action status also sued Stability AI, along with AI startup Midjourney and the Wix-owned DeviantArt, which uses Stable Diffusion for its own DreamUp generative imager. Continue reading Getty Files a Lawsuit Against Stability AI for Using Its Images

OpenAI is expanding its beta outreach for DALL-E 2 by inviting an additional one million waitlisted people to join the AI imaging platform over the coming weeks. DALL-E users will receive 50 credits during their first month of use and 15 credits every subsequent month, with each credit redeemable for an original DALL-E-prompted generation (returning four images) or an edit or variation prompt (which returns three images). Additional credits may be purchased in 115-generation increments for $15. Starting this month, users get rights to commercialize their DALL-E images. However, the move highlights the legal implications of AI and possible copyright infringement. Continue reading Legal Questions Loom as OpenAI Widens Access to DALL-E

In a 6-2 ruling, the U.S. Supreme Court took Google’s side in a copyright battle with Oracle over the former’s use of Java APIs in its Android operating system. Oracle, which had purchased Java in 2010 when it bought Sun Microsystems, sought billions of dollars in damages for what it claimed was copyright infringement. Google argued that free access to the Java software interfaces was important to innovation. Writing for the majority, Justice Stephen Breyer said that Google made “fair use” of the Java code. Continue reading Supreme Court: Google Engaged in Fair Use of Java Code

Last month, the Recording Industry Association of America, the Recording Academy, the National Music Publishers Association, the Music Managers Forum, the American Association of Independent Music and SAG-AFTRA chastised Amazon chief executive Jeff Bezos for his company Twitch’s copyright violations. Twitch finally conceded that it ignored the use of unlicensed recorded music by its video creators and issued a blog post urging them to no longer do so and to delete any older VODs and Clips with unlicensed music. Continue reading Twitch Responds to a Flood of Copyright Takedown Notices

The Supreme Court just heard a multi-billion-dollar case regarding Google and Oracle’s long-running battle over smartphone software that some have called “the copyright case of the decade.” Google v. Oracle America, Case No. 18-956, is scrutinizing Google’s reliance on 11,000 lines of Java code in its Android operating system. Oracle acquired Java in 2010 when it bought Sun Microsystems and accuses Google’s use without permission as tantamount to copyright infringement. Google argues it is “fair use.” Continue reading Supreme Court Weighs Future of Software in Copyright Case

At the HPA Tech Retreat in Rancho Mirage, California, Thompson Coburn partner Jim Burger presented his annual update on activities in Washington D.C. relevant to the media and entertainment business. Among the numerous copyright issues that Burger examined was the long-running case of Oracle America v. Google, which is centered on whether or not Oracle’s Java APIs are copyrightable. Google used early versions of the APIs to create its Android operating system. Continue reading HPA Tech Retreat: An Update to Compelling Copyright Issues

In a 410-6 vote, the House of Representatives approved the Copyright Alternative in Small-Claims Enforcement (CASE) Act that will allow online content creators to more efficiently pursue infringers. Congressman Hakeem Jeffries (D-New York) introduced the measure last year. If it becomes law, it will create a new small claims court with a tribunal of copyright claims officers who would work with both parties to resolve the issue. Potential damages would no more than $15,000 per claim or $30,000 in total. Continue reading House of Representatives Sends Copyright Act to Senate

Audible, the audiobook app owned by Amazon, is using machine learning to transcribe audio recordings, so listeners can also read along with the narrator. Audible is promoting it as an educational feature, but some publishers are up in arms, demanding their books be excluded because captions are “unauthorized and brazen infringements of the rights of authors and publishers.” Publishers are concerned that this will lead to fewer people buying physical or e-books if they can get the text with an Audible audiobook. Continue reading Publishers and Authors Guild Oppose Audible Text Feature

In what has been an annual presentation at the HPA Tech Retreat, Thompson Coburn attorney Jim Burger delivered his update of legislation and litigation from the nation’s capital. His take on “administrative-legislative developments in copyright” was summed up by a slide of stars and the sounds of crickets, reflecting the government shutdown. Burger first briefly defined copyright as “an original expression in a fixed tangible medium,” and described the four-factor test that defines non-exclusivity. Continue reading HPA Tech Retreat: Jim Burger Presents Washington Update

One of the gray areas of the Digital Millennium Copyright Act (DMCA) is the exemption for filmmakers. Although documentary filmmakers are allowed to use small pieces of copyrighted films in some circumstances, many of them say the provision is unclear and can lead to confusion and uncertainty. In late 2017, the International Documentary Association, Kartemquin Films, Independent Filmmaker Project, University of Film and Video Association and others asked the U.S. Copyright Office for clarity. Trade associations including the MPAA, RIAA and ESA have expressed concerns regarding exemptions. Continue reading Documentarians, Trade Associations Debate Copyright Laws

Yesterday, a jury ruled in favor of Google in its dispute with Oracle over software used to power smartphones. Oracle was seeking $9 billion in its claim that Google used copyrighted material in its software code for the company’s Android mobile operating system. Android uses open-source Java, which Oracle acquired when it purchased Sun Microsystems in 2010. Google argued that it made fair use of the code. According to The New York Times, “The victory for Google cheered other software developers, who operate much the way Google did when it comes to so-called open-source software… The courtroom fight was something of a watershed for technology and could offer clarity on legal rules surrounding open-source technology.” Continue reading Jury Sides with Google in Oracle Copyright Case Over Software

YouTube, no stranger to copyright infringement battles, says it will pick up the legal costs of four video creators that are the focus of takedown demands. The company says it chose creators that used third party content legally permitted under the “fair use” provisions for commentary, criticism, news and parody. The company has stated it wants to protect free speech, but it is also signaling its support to video creators to help build loyalty in an increasingly competitive online video environment. Continue reading YouTube Stands Up For Video Creators Fighting Takedowns

In the latest page of Google’s decade-long saga to scan the world’s books and make them searchable, the company won a case that decided in its favor and against the Authors Guild, on whose behalf the Motion Picture Association of America and the music licensing organization ASCAP filed amicus briefs. The October 16 ruling by the Court of Appeals for the Second Circuit means that writers cannot stop Google from adding their books to Google’s 20-million book library, which the Court calls “non-infringing fair uses.” Continue reading Court Win for Google Books Could Impact Film, TV and Music