3 Count: Worse Bunny

Have any suggestions for the 3 Count? Let me know via Bluesky, Mastodon or LinkedIn.

1: Publishers, Authors File Class Action Lawsuit Against Google

First off today, Jim Milliot at Publishers Weekly reports that publishers Hachette Book Group, Cengage Learning, and Elsevier have filed a class-action lawsuit against Google over the alleged use of their copyright-protected works to train various AI systems.

Some of the publishers previously tried to join a separate class-action lawsuit against Google, this one filed by illustrators and writers, but were denied. As such, they have decided to file a separate lawsuit and are joined by more members. The lawsuit alleges that Google used their works to train various AI systems and obtained the works through their Google Book Search scanning project. 

This is an especially large thorn in the side of the publishers, as they recently settled a lawsuit over Google Book Search, with the courts having found that the project was not infringing. These publishers did secure a major settlement in a similar lawsuit against Anthropic over the fact that many of the books used were pirated. However, in that case, the court found that AI training itself is not copyright infringement.

2: Bad Bunny’s Ex Wins Round in Battle Over Voice Note Used on ‘Un Verano Sin Ti’

Next up today, Nancy Dillon at Rolling Stone reports that an ex-girlfriend of Bad Bunny has won a key decision in a copyright infringement lawsuit filed against the Puerto Rican rapper over a voice note of hers that was later used in one of his songs.

In his 2022 song Dos Mil 16, Bad Bunny used a voice note recorded by his ex-girlfriend Carliz De La Cruz Hernández. Hernández sued, claiming that it violated her rights to privacy and publicity. However, the lower court dismissed the case, prompting her to file an appeal with the Puerto Rico Supreme Court.

That court has revived the case, finding that the voice performance may be protected by copyright. The court also dismissed claims related to another song she was featured on, this one due to a lack of standing because the statute of limitations had previously expired.

3: ‘Copyright Trolls’ Pounce on Hawaiʻi Arts Social Media Accounts

Finally today, Cassie Ordonio at Hawaiʻi Public Radio reports that BVIRAL, a Tennessee-based content licensing company, has been targeting the social media accounts of Hawaiʻi artists, claiming that they are infringing on the copyright of material that they control.

According to the article, at least some of those artists were unaware that their work would be used for such legal threats. That includes artist Tehrell Porter, who signed a contract with BVIRAL thinking that it was just a licensing agreement. However, that agreement included a clause that allowed BVIRAL to file copyright infringement lawsuits related to his work.

Porter expressed dismay at the use of his work, saying that it is being used to hurt people who have supported him. He says that he has reached out to BVIRAL to try and get out of his contract but has not received a response.

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