Posts tagged Copyright
Training Harm: Reinterpreting the Fourth Fair Use Factor in the Age of Generative AI Music Aanya Bansal

Generative artificial intelligence (AI) has begun to reshape the music industry in ways that are difficult to ignore. Today’s models can produce songs that replicate not only the structure of existing works but also the stylistic and expressive qualities associated with particular artists. These systems are not experimental tools operating at the margins. They are developed and deployed by commercial AI companies, such as OpenAI, Anthropic, and Google DeepMind, seeking to monetize generative outputs at scale. Unsurprisingly, copyright holders, especially record labels, have responded with litigation, arguing that the use of copyrighted sound recordings and lyrics in model training constitutes unlawful appropriation. At bottom, these disputes force courts to confront a familiar question in an unfamiliar context: how should the economic consequences of AI training be evaluated under the fair use doctrine?

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Whose Stairway? Led Zeppelin Copyright Case Returns to Ninth Circuit

As Skidmore v. Led Zeppelin weaves a circuitous path through the courts, its final ruling will carry significant implications for both copyright law and the music industry. Nevertheless, the confusion and disagreement among courts in previous decisions on the Led Zeppelin case exemplify recurring problems in music copyright law that should be resolved: namely, jurors are often given imprecise instructions on interpreting music and it is unclear what constitutes as an infringement of a song. 

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