May 2023 Roundup of Copyright News
In May, the U.S. Supreme Court finally issued its long-awaited decision in the Andy Warhol Foundation v. Goldsmith case, reining in the transformative use test under the first fair use factor. Meanwhile, Congress held hearings on Artificial Intelligence (AI), exploring the implications of AI on copyright law.
Here is a quick snapshot of the copyright-related activities that occurred during the month of May 2023 as well as a few events to look forward to in June.
Copyright Alliance Activities
Copyright Alliance Releases Guide on Service of Process in CCB Cases: To assist claimants using the Copyright Claims Board (CCB) in better understanding serving process in CCB cases, we published a one-page document that provides important information about service, such as who can serve a respondent, how they must be served, the correct forms to use, and much more. For additional information on the CCB beyond serving process details, please visit our CCB Explained webpage.
Copyright Alliance Files Amicus Brief in Stream-Ripping Case: On May 11, the Copyright Alliance filed an amicus brief in support of the Recording Industry Association of America (RIAA) in Yout LLC v. RIAA. The Copyright Alliance brief describes how section 1201 was enacted in the early days of the internet to ensure that copyright owners can distribute their works while being protected against online piracy, and it goes on to detail how 1201 has been successful in encouraging the creation and dissemination of expressive works. Explaining that the district court was right to dismiss Yout’s claims, the brief makes clear that similar fair use and First Amendment-based arguments were recently rejected in another high-profile section 1201 case, Green v. United States Department of Justice. The brief was drafted by Copyright Alliance Legal Advisory Board member Mitchell, Silberberg, and Knupp LLP.
Copyright Alliance Blogs: We published several blogs in May:
- We published a two-part blog series by our CEO, Keith Kupferschmid, on the Warhol case, which articulates why the outcome will have a significant impact on copyright and AI moving forward. Titled 10 Takeaways from the SCOTUS Decision in AWF v. Goldsmith, we published part 1 and part 2. We also published a blog by our VP of Legal Policy and Copyright Counsel, Kevin Madigan, that summarized the case, titled Landmark Warhol Decision Reins in Transformative Fair Use, as well as a statement that applauded the Court’s decision.
- We published in this blog post, a letter to the House Judiciary Committee’s Intellectual Property Subcommittee written by former General Counsel of the U.S. Copyright Office, Jon Baumgarten, in response to comments made by another former General Counsel of the USCO, Sy Damle. Baumgarten pushes back against and warns of the pitfalls of Damle’s comments that the ingestion of copyrighted works for AI training is excepted under the fair use doctrine.
- For writers and publishers wanting to further understand how copyright law their rights are protected, we published this blog post going over several literary copyright cases.
- To commemorate Mental Health Awareness Month, we published a blog post highlighting some mental health and financial resources that are available to musicians. We also celebrated the Asian American and Pacific Islander Heritage Month, recognizing in this blog post several creators who are at the forefront of the #StopAAPIHate Movement.
Copyright Office Activities
CCB Status Update: At the end of May 2023, 471 total cases had been filed with the Copyright Claims Board (CCB). Of these claims, 171 are “smaller claims.” In at least 148 of all cases, the claimant is using legal counsel. At least 406 of the cases involve infringement claims, 70 involve Section 512(f) misrepresentation claims, and 12 involve claims for declarations of noninfringement. The eCCB docket currently shows that the works at issue in these cases are as follows: Pictorial Graphic & Sculpture (209 cases); Literary Works (70); Motion Picture and Audiovisual Works (97); Sound Recordings (53); Musical Works (33); and some cases include claims for multiple works. Forty-five foreign residents have filed claims. Of all the cases filed, 292 have been dismissed for the following reasons: Due to Respondent’s Opt Out (37); Due to Failure to Amend Noncompliant Claim or for Registration Issues (159); Due to Failure to Provide Proof of Service of Process (61); Claimant Withdrawal and Dismissal of Claims (20); and Settlement (15). There are 45 active proceedings.
USCO Hosts Remaining AI Listening Sessions on Visual Works, Audiovisual Works, and Sound Recordings and Music: On May 2, the U.S. Copyright Office hosted the second session in a series of AI listening sessions pertaining to generative AI and copyright issues, focused on visual works. Speakers addressed transparency issues and tools, the harms of unauthorized AI use of copyrighted works for training purposes, the impact and use of AI for visual artists, and regulatory and Copyright Office involvement in promoting transparency and resolution for training data issues. On May 17, the Office hosted its AI listening session on audiovisual works. During the session, participants expressed a collective need for clear guidelines, attribution standards, and the mitigation of biases in AI-generated content. Concerns about copyright infringement, loss of artistic control, and fair compensation resonated strongly among the speakers. Participants also stressed the need for education, standardization, policy clarity, and a holistic approach that promotes innovation while respecting the interests of artists. On May 31, the Office hosted its last AI listening session on sound recording and music. Register Shira Perlmutter gave opening remarks for the last session, noting that the Office will hold a webinar on the Office’s AI-generated works registration guidance on June 28 and a webinar on international AI perspectives and copyright law on July 26.Recordings and transcripts are available on the Office’s AI Listening Session webpage.
USCO Issues NPRM on Agreement-Based Counterclaims: On May 3, the U.S. Copyright Office issued a notice of proposed rulemaking (NPRM) regarding an amendment to the regulations to address the filing of agreement-based counterclaims and related discovery requirements in cases before the Copyright Claims Board (CCB). The NPRM proposes amendments related to asserting and responding to agreement-based counterclaims as well as standard interrogatories and standard requests for the production of documents for such counterclaims. Written comments are due by June 20.
CRB Announces Increased Phonorecords III Royalty Rates for Musical Works: On May 23, the Copyright Royalty Board (CRB) issued a determination over Phonorecords III, which increased royalties for songwriters’ and music publishers’ royalty rates for 2018-2022 from 11.4 to 15.1 percent of service revenue. However, the determination also removed a publishing rate ceiling mechanism where publishers would receive higher payments when their label counterparts negotiated higher rates for master recordings.
Biden Administration Activities
Biden Administration Nominates Deborah Robinson as Next IPEC: On May 8, the Biden Administration announced the nomination of Deborah Robinson for the position of the Intellectual Property Enforcement Coordinator (IPEC). Robinson was formerly the head of IP enforcement at Paramount Global implementing various anti-piracy protocols. She has also held positions at the Recording Industry Association of America and the City of Philadelphia as an Assistant District Attorney. Copyright Alliance CEO Keith Kupferschmid joined numerous other industry organizations in releasing a statement in support of Robinson’s nomination, noting, “Deborah Robinson is an accomplished attorney, experienced IP content and protection specialist, and former prosecutor who has real world experience. We are confident that, upon Senate confirmation of her nomination, she will do a tremendous job in this very important role as she works to further IP protections across the country.”
Congressional Copyright Related Activities
HJC IP Subcommittee Members Send Letter to USCO Expressing Concerns About AI: On May 1, members of the House Judiciary Committee (HJC) IP Subcommittee—including Chairman Darrell Issa (R-CA), Representatives Scott Fitzgerald (R-WI), Ben Cline (R-VA), and Nathaniel Moran (R-TX)—sent a letter to Register Shira Perlmutter of the U.S. Copyright Office, expressing their concerns over AI use of copyrighted works and requesting that the Office provide further information on their thoughts, views, and activities on copyright and AI issues. On May 12, the USCO sent a response letter, noting that while the Office is not engaged in copyright enforcement activities beyond providing support for courts and the Department of Justice in enforcement cases, it has nonetheless engaged and will continue to engage with creators, copyright owners, and AI developers in studying AI and copyright law issues, including hosting its listening sessions and webinars on AI issues and issuing a notice of inquiry later this year.
HJC IP Subcommittee Holds Hearing on AI and Copyright: On May 17, the House Judiciary IP Subcommittee held a hearing titled Artificial Intelligence and Intellectual Property: Part I—Interoperability of AI and Copyright Law. Witnesses included Sy Damle, Latham & Watkins LLP; Chris Callison-Burch, Associate Professor of Computer and Information Science, University of Pennsylvania; Ashley Irwin, President, Society of Composers and Lyricists; Dan Navarro, Grammy-nominated songwriter, singer, recording artist, and voice actor; and Jeffrey Sedlik, President & CEO, PLUS Coalition, past President of American Photographic Artists (APA) and advocacy lead for APA in copyright matters, photographer, and forensic analyst. Lawmakers and witnesses discussed a myriad of pressing topics at the intersection of AI and copyright law, including the use of copyright-protected works in the training of generative AI models, copyright protection of works that were produced with the assistance of generative AI, and the economic impact of generative AI on creators and creative industries. Speaking about ingestion, Damle and Callison-Burch both took the questionable (at best) view that copying of copyrighted works by AI systems for ingestion purposes is categorically allowed by the fair use exception. Meanwhile, the creators on the panel raised significant and justifiable concerns that generative AI systems are being trained using troves of rights holders’ works without their consent, credit, or compensation. Another issue that witnesses and members grappled with was whether the output of AI systems could be eligible for copyright protection. Finally, there seemed to be a consensus among panelists and members on the Subcommittee that transparency will be a key component to the responsible implementation of AI into our society. Chairman Darrell Issa (R-CA) suggested that Congress could mandate AI developers to make their database of inputs searchable so rights holders could easily determine whether their works were used to train AI systems. The Copyright Alliance initiated a statement regarding the hearing. A recording of the hearing is available as is a transcript of the hearing.
Former USCO GC Jon Baumgarten Sends Letter to Congress on AI and Fair Use: On May 22, Jon Baumgarten, former General Counsel (GC) of the U.S. Copyright Office, sent a letter to the House Judiciary IP Subcommittee Members in response to comments about Artificial Intelligence (AI) and fair use made by Sy Damle, also a former GC of the Copyright Office, during the Subcommittee’s May 17 hearing on AI and copyright law. In the letter, Baumgarten pushes back on categorical fair use arguments made by Damle, noting that similar arguments had been made for cases involving photocopying and reprography.
Senate Privacy, Technology, and Law Subcommittee Holds Hearing on AI Technology and Privacy: On May 16, the Senate Judiciary Subcommittee on Privacy, Technology, and Law held a hearing titled Oversight of A.I.: Rules for Artificial Intelligence. Witnesses included Samuel Altman, CEO, OpenAI; Christina Montgomery, Chief Privacy & Trust Officer, IBM; and Gary Marcus, Professor Emeritus, New York University. The hearing encompassed a wide range of concerns related to AI, including privacy, job disruption, copyright, licensing of AI products, and the impact of Section 230. The focus was on identifying the regulatory measures needed to address these concerns and ensure the responsible development and deployment of AI technologies. There was bipartisan agreement among Senators and witnesses about the significant risks posed by AI and the need for government regulation. However, there were differing opinions on the specific form and nature of such regulation. Senator Chris Coons (D-DE) confirmed there will be hearings in the Senate IP subcommittee on AI and copyright this summer. Senators Marsha Blackburn (R-TN) and Amy Klobuchar (D-MN) emphasized the importance of compensating creators and copyright owners for the use of their works to train AI. Senator Blackburn specifically suggested SoundExchange’s model. Altman informed members that OpenAI is actively developing a copyright system designed to provide compensation to artists whose work has been utilized in the creation of new content. He also said that content creators should have a say in how their voices, likenesses, and copyrighted content are used to train AI models, stating that “creators should deserve control over how their creations are used” and that OpenAI is working with artists and creators on licensing.
Senate Rules Committee Holds LOC Oversight Hearing: On May 10, the Senate Rules and Administration Committee held a hearing titled, Oversight of the Library of Congress. The sole witness for the hearing was Librarian of Congress Dr. Carla Hayden. Overall, the hearing focused on the modernization efforts of the Library of Congress (LOC) as well as the U.S. Copyright Office’s approach to artificial intelligence (AI) generated works. Senators who participated in the hearing included Chairwoman Amy Klobuchar (D-MN), Ranking Member Deb Fischer (R-NE), Senator Peter Welch (D-VT), and Senator Bill Hagerty (R-TN).
Copyright in the Courts
U.S. Supreme Court Rules for Goldsmith, 7-2, in Warhol v. Goldsmith Fair Use Case: On May 18, the U.S. Supreme Court issued its opinion in the case Andy Warhol Foundation (AWF) v. Goldsmith, ruling in favor of Goldsmith in a 7-2 decision, and holding that AWF’s use of Goldsmith’s photograph of the famous musician, Prince, for a silk-screen artwork that was commercially licensed was not a transformative use and did not weigh the first fair use factor in favor of AWF. Justice Sotomayor penned the majority opinion with Justices Gorsuch and Jackson concurring and Justice Kagan and Chief Justice Roberts dissenting. The Court noted that Warhol’s silk screen artwork of Prince did not have a “fundamentally different and new” artistic purpose from Goldsmith’s photo as a work of visual art. The Court also made clear that all four fair use factors must be analyzed and considered and that transformative use determinations do not control the fair use analysis. The Court further stated that, even under the first fair use factor, such elements must be balanced with the commercial nature of the use. The majority also noted the importance of an objective versus a subjective standard when determining the difference in purpose and character of the use and explained that its decision is consistent with longstanding principles of fair use and [that it] will not “snuff out the light of Western civilization, returning us to the Dark Ages of a world without Titian, Shakespeare, or Richard Rodgers” as some have claimed.” On the other hand, Kagan—in the dissenting opinion—engaged in a subjective analysis, giving more credence to Warhol’s impact and influence in the art world. The Copyright Alliance initiated a statement of support for the U.S. Supreme Court’s decision in the Andy Warhol Foundation v. Goldsmith case. In the statement, Copyright Alliance CEO Keith Kupferschmid noted, “The Court’s decision reins in renegade lower courts that over the years have expanded the transformative use doctrine to make it the most influential element of the fair use test. By determining that Warhol’s prints were non-transformative as a matter of law because they did not have a ‘fundamentally different and new’ artistic purpose from Goldsmith’s photo as a work of visual art, the Court made it clear that all four fair use factors must be analyzed and considered, and that transformative use determinations do not control the fair use analysis.”
Stability AI Files Motion to Dismiss in Getty Images Case: On May 2, Stability AI filed a motion to dismiss in Getty Images v. Stability AI—the case brought by Getty in the Northern District of Delaware alleging that Stability willfully infringed Getty’s copyrights, removed or altered copyright management information (CMI), provided false CMI, and infringed Getty’s trademarks. Stability AI is the creator of the AI system Stable Diffusion, and the lawsuit alleges that Stability AI “copied at least 12 million copyrighted images from Getty Images’ websites, along with associated text and metadata, in order to train its Stable Diffusion model.” In its motion, Stability argued that the court lacks personal jurisdiction over Stability UK; Stability UK is a necessary and indispensable party; and by “lumping [together] allegations” against Stability U.S. and Stability UK under the collective designation “Stability AI,” the complaint fails to identify which defendant is responsible for the alleged infringing acts and therefore fails to state a claim. In the alternative, Stability moves to transfer the case to the Northern District of California under 28 U.S.C. § 1631 or § 1404(a).”
Court Denies Class Certification in Schneider’s Lawsuit Against YouTube: On May 22, the district court for the Northern District of California denied the class certification in composer and musician Maria Schneider’s lawsuit against YouTube. The class action case was brought against YouTube in 2020, with Schneider and others alleging that YouTube facilitates infringement by not enforcing a repeat infringer policy and not offering smaller or individual copyright owners the same opportunity to remove infringing works through its anti-piracy tools as it does for larger content creators. In denying the class certification, the court reasoned that an individual creator’s claim would need to be individually assessed to identify if the content was actually covered by any YouTube licenses, stating, “Every copyright claim turns upon facts which are particular to that single claim of infringement [and] every copyright claim is also subject to defenses that require their own individualized inquiries.”
Ed Sheeran Prevails in Copyright Infringement Case: On May 4, a jury in the Southern District of New York found that British singer-songwriter, Ed Sheeran, is not liable for copyright infringement for his song “Thinking Out Loud.” The heirs of Ed Townsend, the co-writer for Marvin Gaye’s hit song, “Let’s Get It On,” filed the lawsuit against Sheeran in 2017, alleging that there were “striking similarities” and “overt common elements” between Gaye’s record and Sheeran’s song.
Spinrilla to Pay RIAA $50 Million In Settlement: On May 3, the district court for the Northern District of Georgia approved a settlement between a hip-hop mixtape site, Spinrilla, and the Recording Industry Association of America (RIAA), which includes Spinrilla paying RIAA $50 million, a prohibition against Spinrilla and its founder from offering the service, and a shut-down of the Spinrilla site and apps within five days. The court ruled in December 2020 that Spinrilla was liable for copyright infringement of more than four thousand sound recordings.
Fair Use Defense Rejected in Long-Running Richard Prince Case: On May 11, a Judge in the Southern District of New York issued an opinion and order denying appropriation artist Richard Prince’s and co-defendant art galleries’ motions for summary judgment in a case brought in 2015 by photographer Donald Graham for unauthorized use of his photograph as a part of a Prince exhibition. Analyzing the first fair use factor, the opinion finds that Prince’s use of the photograph was not transformative as a matter of law and was indisputably commercial in nature. Importantly, the court explained that “neither the Supreme Court’s decision in Google nor the Second Circuit’s decision in Warhol alter the [transformative] analysis here.” While the opinion goes on to find the second and third fair use factors weigh against a finding of fair use, it then says that the fourth factor weighs “slightly” in favor of the defendants because “the primary markets for the original and secondary works do not overlap.” The opinion concludes by explaining that Prince tests the boundaries between appropriation art and copyright infringement, and that the opinion “is this Court’s attempt to elucidate that boundary.” Graham was represented by Copyright Alliance’s Legal Advisory Board member Cravath, Swaine and Moore LLP.
Copyright in Other Countries
EU Releases Recommendations for Piracy of Live Events: The European Commission published recommendations for service providers with regard to piracy of live content. The non-binding document highlights the importance of swift action by service providers to address illegal live streaming upon receipt of such activities, the existence of dynamic website blocking injunctions and the legal validity of such measures in the EU, and the importance of broadcasters and organizers of events increasing the attractiveness and affordability of their live offerings.
EU Releases Report on IP Rights in Third Countries: On May 17, the European Commission published its biennial report titled Report on the Protection and Enforcement of Intellectual Property Rights (IPR) in third countries, which includes China as a top priority country while India and Turkey remain priority two countries. Executive Vice President and Commissioner for Trade Valdis Dombrovskis said, “A robust intellectual property system supports innovation and is a key driver of the EU’s competitiveness and the protection of our strategic interests. When intellectual property systems across the world fall short, it harms European businesses. Counterfeiting and piracy hurt our economy and can expose our citizens to unsafe products.”
G7 Commits to ‘Human-Centric and Trustworthy’ AI: On April 30, the Group of Seven (G7) nations—which includes Japan, United States, France, Germany, Italy, Canada, the EU, and the United Kingdom—published a Ministerial Declaration of its Tech Ministers’ Meeting, in which the G7 commits to promoting “human-centric and trustworthy AI” and states its opposition to the misuse and abuse of AI, including uses that threaten the enjoyment of human rights. The Declaration also states that the G7 will continue to examine and discuss generative AI topics that could include the topic of “how to safeguard intellectual property rights including copyright…”On May 20, the White House published the G7 Hiroshima Leaders’ Communiqué, detailing various issues and points that the group committed to further cooperation and study on, including “advanc[ing] international discussions on inclusive artificial intelligence (AI) governance and interoperability to achieve our common vision and goal of trustworthy AI, in line with our shared democratic values.” Specifically for intellectual property, the group called for the creation of a forum or a working group called the “Hiroshima AI process” that would cooperate with the OECD and GPAI to discuss generative AI topics including the “safeguard[ing] of intellectual property rights including copyrights…” According to a summarization of a working lunch, the group is expected to report on these discussions by the end of the year.
Industry Activities
ALI Approves Latest Copyright Restatement Draft: On May 22, the American Law Institute (ALI) held its Annual Meeting in Washington, DC, during which all sections of the most recent draft of the Copyright Restatement were approved pending a few minor revisions. Tentative Draft No. 4 of the Restatement includes sections on copyright formalities, duration, infringement, and the Visual Artists Rights Act (VARA). The sections of the draft are now considered final, will be made available on Westlaw, and can be used by the courts and others immediately.
OpenAI CEO Shares Plans for ‘Respecting Copyright’: On Friday, May 5, OpenAI CEO, Sam Altman, announced that the company is working on new ChatGPT models that respect copyright and ensure creators are paid for the value they create. According to Altman, “We’re trying to work on new models where if an AI system is using [a creator’s] content, or if it’s using [someone’s] style, [they will] get paid for that.” His comments came after an announcement that Altman will be hosting an “OpenAI Tour” in 2023 to meet and hear from users, developers, and those interested in AI generally. During the tour, Altman will visit Washington, DC, and several other cities. To apply to attend the DC meeting, please email oai23tour@openai.com.
ACE Creates Global Task Force to Combat Illegal Sports Streaming: The Alliance for Creativity and Entertainment (ACE) announced that it will run a global task force to combat illegal sports streaming, teaming up with broadcasters and law enforcement including DASN, beIN SPORTS, Interpol, and Europol. Jan van Voorn, Executive Vice President and Head of ACE stated, “The addition of DAZN and the creation of ACE Sports Piracy Task Force marks a turning point for ACE and confirms yet again that we are the essential partner to anyone who recognizes the threat of piracy to their business.”
Look Forward To And Save the Date For…
WIPO U.S. Summer School on Intellectual Property: From June 5 to 16, the Center for Intellectual Property x Innovation Policy (C-IP2) at George Mason University Antonin Scalia Law School is partnering with the World Intellectual Property Organization (WIPO) to host the sixth iteration of the WIPO U.S. Summer School on Intellectual Property. This two-week summer course will be held online-only to accommodate participants from all over the world, providing an opportunity for students “to acquire a deeper knowledge of each domain of IP and of the role and functions of WIPO.” The program consists of lectures, case studies, simulation exercises, and group discussions on selected IP topics. A certificate of participation is awarded to participants who successfully complete program requirements. More information is available on the registration page.
Deadline for USCO and USPTO to Complete Joint NFT Study: June 8 is the deadline for the U.S. Copyright Office and the U.S. Patent and Trademark Office to issue their study on non-fungible tokens (NFTs) and the impact and application to intellectual property rights. On June 9, 2022, Senators Thom Tillis (R-NC) and Patrick Leahy (D-VT) had sent a letter to Kathi Vidal, Director of the U.S. Patent and Trademark Office, and Shira Perlmutter, Register of Copyrights and Director of the U.S. Copyright Office, requesting the study. More information is available on the Copyright Office’s NFT Study webpage.
ARS Webinar on the DMCA, Infringement and Fair Use: On June 6 at 12 p.m., The Center for Art Law and the Artists Rights Society (ARS) are hosting a webinar titled Digital Millennium Copyright Act: Infringement, Fair Use, and Takedowns, which will feature a discussion on copyright considerations such as infringement and issuing DMCA takedown notices. Specific topics that will be addressed during the event include how to differentiate between infringement and fair use, what permissions or licenses are needed to reproduce an artist’s image or artwork, and the definition of a DMCA takedown. More information is available on the registration page.
Deadline to Submit Comments to NTIA on AI Accountability: June 12 is the deadline to submit comments to the National Telecommunications and Information Administration (NTIA) in response to its request for comments regarding artificial intelligence (AI) system accountability measures and policies to ensure that AI systems are legal, effective, ethical, safe, and trustworthy. NTIA will use these comments and other public engagements on the topic to draft and issue a report on AI accountability policy development, focusing on the AI assurance ecosystem.
A2IM Indie Week 2023: From June 13 to 15, the American Association of Independent Music (A2IM) will host Indie Week 2023, a three-day international conference and networking event aimed at maximizing the global impact of independent music. For the past 15 years, the event has drawn more than 1,200 attendees annually. Attendees will hear experts discuss the industry’s most timely topics, network with colleagues, and much more. More information is available on the registration page.
AIMP Global Music Publishing Summit 2023: On June 13, the Association of Independent Music Publishers (AIMP) is hosting its Global Music Publishing Summit. The summit began in 2017, and its agenda spans creators, the business of publishing music, and the international marketplace “to deliver a well-rounded and informative experience to attendees across all facets of the industry.” More information is available on the registration page.
She Podcasts LIVE 2023: From June 19 to June 22, She Podcasts is hosting its annual She Podcasts LIVE conference to provide women podcasters with the opportunity to “explore innovative ways to grow an audience” and to “discover the secrets of creating powerful connections with sponsors, listeners, and other peers.” On Wednesday, June 21 at 10 a.m. ET, Rachel Kim and Terrica Carrington of the Copyright Alliance will give a presentation on copyright law fundamentals that podcasters should know. More information is available on the registration page.
Deadline for USCO CCB Agreement-Based Counterclaims Comments: June 20 is the deadline to submit comments to the U.S. Copyright Office in response to its notice of proposed rulemaking (NPRM) regarding an amendment to the regulations to address the filing of agreement-based counterclaims and related discovery requirements in cases before the Copyright Claims Board (CCB). The NPRM proposes amendments related to asserting and responding to agreement-based counterclaims as well as standard interrogatories and standard requests for the production of documents for such counterclaims.
WIPO Standing Committee on Copyright and Related Rights (41st Session): From June 28 to July 1, the World Intellectual Property Organization (WIPO) will hold the next meeting of the Standing Committee on Copyright and Related Rights (SCCR). More information is available on the meeting webpage.
MLC Q&A for Self-Administered Songwriters: On June 29 at 12 p.m., independent songwriters with questions about the Mechanical Licensing Collective (MLC) and digital audio mechanical royalties are invited to attend this interactive webinar to get answers to questions regarding MLC membership, the MLC Portal, and all the tools and resources available to help self-administered songwriters register their musical works data. More information is available on the registration page.
USCO Monthly Recordation System Webinar: On June 29 at 1 p.m., The U.S. Copyright Office will hold its next monthly webinar to keep the public updated on the Office’s optimized Recordation System. Separate from the Office’s registration application, the new recordation module allows users to electronically transfer their copyrights to someone else. The webinars will “cover announcements about the module, important reminders, frequently asked questions, and a live Q&A session.” More information is available on the registration page.
USCO Webinar on Registration of AI-Assisted Works: On June 28, the U.S. Copyright Office will hold a webinar where the Office’s registration specialists will walk participants through the registration process for works containing AI-generated elements in accordance with the Office’s registration guidance on the topic. The Office will also field questions from webinar participants. More information will likely become available on the Office’s AI webpage.
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