3 Count: Non-Roaming Buffalo

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1: 43North Battles Public Artist’s Copyright Infringement Complaint in Court

First off today, Ben Tsujimoto at The Buffalo News reports that area artist Casey Milbrand has filed copyright infringement lawsuits against at least five different companies that he claims have violated his copyright in a public mural he painted.

Milbrand is the artist behind the famous “Greetings from Buffalo” mural, which has become a popular attraction among tourists and locals alike. However, Milbrand alleges local companies routinely use images of that mural in their promotional material without obtaining a license.

One of the more prominent companies is 43North, a startup accelerator local to the city. They are hitting back in the lawsuit, claiming that they used the mural for less than one second in a 2 minute 30-second long video and that the use is a fair use. They further allege that the video is no longer available on their channel and that the use had no commercial impact on Milbrand.

2: Nintendo Switch Developers Can Now Use Denuvo to Curb Piracy

Next up today, Lawrence Bonk at Engadget reports that Nintendo has teamed up with the digital Rights Management (DRM) company Denuvo to enable both themselves and other developers to run Denuvo’s DRM technology on the Switch, protecting games from potential piracy.

The Nintendo Switch has long had a difficult time dealing with piracy of its games. A hardware error meant that it has long been easy to copy Steam games for playing on PCs. However, Nintendo is hoping that, by enabling the use of Denuvo on the Switch, that it can reduce piracy and encourage more developers to release games on the platform.

Though widely popular among developers and publishers, Denuvo has seen its share of controversy, with many claiming that it harms the performance of games and noting that, in several cases, the system didn’t provide significant protection for the games it was trying to lock down.

3: Wednesday Reports of BMI Sale To Private Equity Firm False

Finally today, Radio Ink reports that a reported sale of the performing rights organization BMI to a private equity firm has not happened, though it is still rumored to take place sometime soon.

BMI, along with ASCAP, is one of the two major PROs that oversee royalties for composers when their songs are played in public spaces. Historically, both BMI and ASCAP have been non-profit organizations, though BMI recently converted to a for-profit structure, which claims has enabled it to perform upgrades that allow it to better serve artists.

However, since that move it’s long been rumored that BMI was looking to sell and that reached a zenith when Billboard reported that the PRO had sold itself for $1.7 billion to New Mountain Capital. However, that has turned out to be just a rumor, with the original reporting being changed to reflect that. A sale is still widely expected, with many firms listed as candidates, but no sale has been made yet.

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