3 Count: European Decision

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1: ChatGPT Violated Copyright Law by ‘Learning’ from Song Lyrics, German Court Rules

First off today, Deborah Cole and Philip Oltermann at The Guardian report that a Munich court has ordered OpenAI to pay damages to German songwriters for training various AI systems, including ChatGPT, on the lyrics of popular songs.

The lawsuit was filed by GEMA, a collecting society that represents songwriters, composers and publishers in Germany. GEMA alleged that OpenAI violated EU copyright law by using lyrics and other protectable elements to train its various AI systems.

GEMA said the ruling sets a precedent requiring AI companies to respect the rights of human creators in the EU. However, OpenAI said it is appealing the decision and that it applies only to a “limited set of lyrics” and doesn’t impact its operations.

2: Rock & Roll Hall of Fame Wins Lawsuit Over Van Halen Photo in Museum Exhibit

Next up today, Bill Donahue at Billboard reports that a federal judge has dismissed a case filed against the Rock & Roll Hall of Fame, saying that its use of a photo of musician Eddie Van Halen in a museum exhibit was a protected fair use.

Photographer Neil Zlozower filed a lawsuit alleging that the museum made a “nearly exact” copy of part of his photo for display. He alleged that the usage required a license, but that the museum had failed even to provide attribution. The museum argued that its use was a fair use because the exhibit’s stated goal was educational and because the image was a “historical artifact.”

The judge ruled in favor of the museum, saying that a side-by-side comparison showed that the museum added new meaning and was transformative. The museum was just the latest target of Zlozower’s litigation efforts. He has filed nearly 60 similar copyright cases over images of various musicians.

3: Cox Presses SCOTUS To Throw Out Piracy Verdict

Finally, today, Wendy Davis at MediaPost reports that Cox Communications has filed briefs with the Supreme Court of the United States (SCOTUS) warning that, if the court doesn’t overturn a lower court decision, there could be “mass evictions” from the internet.

Sony Music filed the original lawsuit in 2018. The company alleged that Cox Communications failed to take adequate steps to reduce piracy on its network. This most notably included a failure to terminate the accounts of repeat infringers. In 2019, Sony won a $1 billion jury award that Cox quickly appealed.

The appeals court upheld the liability finding but remanded the case to the lower court for a new trial on damages. Cox is now appealing that finding of liability. Oral arguments in the case are scheduled for December.

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