3 Count: Copyright Limits

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1: Supreme Court to Clarify Copyright Infringement Limits in Case Against Warner Music

First off today, Winston Cho at The Hollywood Reporter Esquire reports that the Supreme Court of the United States has agreed to hear a case filed against Warner Chappel Music that will examine the limits of when a copyright infringement lawsuit can be filed.

The lawsuit was filed by record label owner Sherman Nealy, who claims that, in 2008, Flo Rida used a sample of the 1984 Jam the Box when making his new song In the Ayer. However, Nealy was incarcerated in 2008 and claims he didn’t learn about the sample until 2018, when he filed the lawsuit.

At issue in this case is potential damages. According to the defendants, they should not be held liable for any infringement that goes back more than three years. This was something the lower court agreed with, but was overturned by the 11th Circuit Court of Appeals. That prompted the defendants to appeal to the Supreme Court, which has agreed to take the case.

2: Writers Suing OpenAI Fire Back at Company’s Copyright Defense

Next up today, Blake Brittain at Reuters reports that a group of authors that have filed a lawsuit against ChatGPT-maker OpenAI have responded to a motion to dismiss, saying that OpenAI is intending to, “unilaterally rewrite U.S. Copyright Law in its favor” with its arguments.

The class action lawsuit, which is headed by comedian and author Sarah Silverman, alleges that OpenAI illegally used their text, including books, to train their AI systems. OpenAI sought to have the case dismissed, arguing that there was no substantial similarity between the ChatGPT-created works and the originals.

However, the authors argue that the question is irrelevant because their works were copied as part of the training process and with the intent of creating replacement works. The authors further targeted a “telegraphed” defense of fair use, saying that any arguments in OpenAI’s favor there would be “at odds with settled precedent.”

3: RIAA Ramps Up Efforts to Remove Music Download Apps from Google Play

Finally today, Ernesto Van der Sar at Torrentfreak writes that the RIAA has filed dozens of takedown notices with Google to remove allegedly infringing music apps from the Google Play Store.

The apps involved vary, but most promise either access to free music or the ability to download streamed music, both of which are things the RIAA claims are infringing activities. Most of the apps were small, with only a few thousand downloads. However, one, named Video & Music Downloader, had over 5 million downloads and 78 thousand reviews.

However, the majority of the apps that the RIAA targeted are still online, with only 30 of them having been removed. Though it is unknown why the rest of the apps weren’t removed, it’s suspected that Google is declining the takedown notice, claiming that the apps provide a legitimate service. The apps that are still up include Video & Music Downloader.

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