3 Count: Amicus Brief

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1: AAP Files Amicus Brief in Meta AI Copyright Case

First off today, Ed Nawotka at Publishers Weekly reports that the Association of American Publishers (AAP) has filed an amicus brief in a lawsuit filed against Meta over the company’s use of copyright-protected works to train their AI systems.

Authors Sarah Silverman, Richard Kadrey, Christopher Golden, and others filed the lawsuit in December 2023. They alleged that Meta, which owns Facebook and Instagram, unlawfully used their works when training its AI systems. That lawsuit has passed several early challenges and is heading toward a potential trial.

Ahead of that, the APP filed an amicus brief disputing many of Meta’s claims. This most notably includes the claim that licensing AI training materials is no viable option. The AAP points to dozens of publishers that have licensed their content for just that purpose. However, Meta holds none of those listed licenses.

2: Sony, Warner Chappell, Concord, Reservoir Urge Less Regulation of PROs in Responses to US Copyright Office Inquiry

Next up today, Ali Nawaz Khan at Music Business Worldwide reports that the leading music publishers have filed a response with the United States Copyright Office (USCO) as part of their investigation into the regulations governing performing rights organizations (PROs).

PROs license musical compositions when they are played in businesses such as restaurants, bars, stores and clubs. They also handle other licensing on behalf of publishers. However, the largest PROs, ASCAP and BMI, are both under consent decrees that greatly reduce their ability to negotiate licenses.

In their filing, the publishers said that the amount of regulation harms artists’ ability to profit from their works. The letters call for various changes. Warner Chappell, for example, wants to be able to selectively withdraw certain rights to let publishers negotiate with streaming services directly. Several publishers advocated for creating more PROs, saying the competition could help the marketplace.

3: Copyright Case Between Deborah Roberts and Richard Beavers Gallery ‘Amicably Resolved’

Finally, today, Tessa Solomon at ARTnews reports that a lawsuit against artist Lynthia Edwards and the Richard Beavers Gallery has been “amicably” settled.

Collage artist Debora Roberts filed the lawsuit in 2022. She alleged that 16 of Edwards’ works infringed on her earlier creations. The judge dismissed nine allegations against Edwards but allowed the remaining seven to proceed toward a potential trial.

However, the two sides have averted that trial by settling the case. Though most details of the settlement are unknown, the Richard Beavers Gallery has agreed to donate an undisclosed amount to the Studio Museum in Harlem.

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