Friday’s Endnotes – 05/31/24

NVIDIA Denies Copyright Infringement Claims in Authors’ AI Lawsuit — “NVIDIA has responded to a copyright infringement lawsuit filed by several American authors. The chipmaker admits the use of ‘The Pile’ dataset, which included the controversial Books3 database. However, NVIDIA denies all copyright infringement allegations and also rejects the use of the term ‘shadow library’, which is often used for pirated book repositories.”

Reggaeton stars fail to get massive ‘Fish Market’ copyright case thrown out — “Likewise, he declined to find that the percussion pattern of ‘Fish Market’ and the derivative works wasn’t sufficiently original to warrant copyright protection. It’s too early to decide that question, according to judge’s order, as a determination would require more evidence and expert testimony. For the same reason, Birotte said it’s too soon to decide whether the dembow rhythm constitutes ‘scenes a faire,’ or an obligatory element of the reggaeton genre, and as such isn’t protectable under copyright law.”

Sobel on Generative AI, Copyright, and Style — “‘You can’t copyright style’ is a shibboleth in today’s debate over generative AI. This slogan is, at best, meaningless. More likely, it’s wrong. Sometimes, what we call ‘style’ is copyrightable.”

Jobiak’s Opposition to Motion to Dismiss Copyright Infringement Claims on AI-Created Database — The latest on one of the few cases, like Thaler v. Perlmutter, to tackle the question of when AI-generated outputs may be protected by copyright.