Structured Asset doesn’t make music nor aim to enrich our cultural life; instead, it uses copyright enforcement as a weapon against artists like Ed Sheeran, and turns a system meant to protect creativity into a mere vehicle for chasing profit.
Fair use is more than an “affirmative defense” that a party in default waives. This post goes into details about the procedural aspect of the fair use defense.
Our comment urges the agency to examine how copyright enforcement mechanisms on major technology platforms are harming independent creators and undermining the constitutional principles behind copyright laws.
Last Friday, Katie Fortney and Authors Alliance jointly submitted a comment in response to the USCO’s notice of inquiry on the CCB. In the comment, we acknowledged the CCB’s efforts to create user-friendly processes and commended its commitment to making the system accessible to non-lawyers.
The creators of Superman sold their rights for just $130 in 1938, igniting decades of lawsuits over ownership and fair treatment. Now, the battle continues as Shuster’s heir claims to hold certain foreign rights…
Chinese courts are recognizing AI-generated works as copyrightable, and these rulings could potentially impact those in the US under certain circumstances.
Audible has a history of relying on ambiguous contractual terms to reduce author payouts. Despite Audible’s track record, the courts were unsympathetic to Teri Woods’ grievances.
Facts of the Case On February 11, Third Circuit Judge Stephanos Bibas (sitting by designation for the U.S. District Court
The case Sedlik v. Drachenberg, currently pending before the 9th Circuit, presents the 9th Circuit a first opportunity to interpret the fair use right in the wake of the Warhol decision. Anticipating the far-reaching consequences for artists and authors, Authors Alliance filed an amicus brief in support of KVD. In our brief, we explained that (1) a distinct purpose is required for the first factor to tilt in favor of fair use, (2) a successful social media presence does not automatically render all postings “commercial,” and (3) concrete evidence is needed to prove the existence of a licensing market or the likelihood of it developing.
At the heart of the Flynn v. McGraw Hill case is a breach of contract claim. The plaintiffs argue that McGraw Hill’s royalty deductions for maintaining its online system violated the terms of the agreement. Central to the argument is the publisher’s promise to ‘publish at its own expense.’ This case serves as a prime example of how important it is to scrutinize the details of a publishing agreement, where the devil often lies.
