3 Count: AI Rejection

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1: Artist Sues After US Rejects Copyright for AI-Generated Image

First off, today, Blake Brittain at Reuters reports that artist Jason Allen has filed a lawsuit in Colorado seeking to overturn a US Copyright Office (USCO) decision to deny registration of AI-generated art.

In 2022, Allen used Midjourney to create a piece entitled Theatre D’opera Spatial. He attempted to register the work with the USCO but was denied due to a policy against granting registrations of AI-generated works. A USCO tribunal affirmed the decision last year.

Allen has filed a lawsuit, asking the court to overturn the USCO’s decisions. According to his arguments, Midjourney was simply a tool used to carry out Allen’s creative vision, thus making it possible to register. The USCO has not responded to the lawsuit.

2: Randy Orton Tattoos in WWE 2K Raise Copyright Concerns

Next up today, Michael McCann at Sportico reports that a judge has denied a motion filed by Take-Two Interactive that sought to dismiss a jury verdict against them over alleged infringement of tattoos.

Tattoo artist Catherine Alexander filed the lawsuit. She claimed that Take-Two, as the publisher of the WWE 2K games, illegally used artwork she tattooed on wrestler Randy Orton in the games. A jury awarded Alexander $3,750 in damages.

In a similar case involving Take-Two and the NBA 2K games, a judge ruled that tattoos in the game were fair use. However, the judge refused to overturn the jury’s decision in Alexander’s case. That said, he set aside the damages award, saying Alexander presented no evidence of financial harm.

3: YouTube Inks Deal With SESAC to Restore Music Videos for Adele, Nirvana, Bob Dylan and More in U.S.

Finally today, Todd Spangler at Variety reports that YouTube has reached a deal with the performing rights organization SESAC, bringing an end to a battle that saw many music videos pulled from YouTube in the United States.

YouTube licenses compositions for many popular songs through SESAC. The current deal was set to expire today, October 1, but YouTube had proactively removed SESAC music from the site.

However, the two sides have since reached an agreement. The terms of the agreement are not known, but YouTube said the videos will be restored shortly.

The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

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