Friday’s Endnotes – 11/08/24

Ed Sheeran’s ‘Thinking Out Loud’ Win Upheld by Second Circuit — “Park said the elements focusing on a similar chord progression and syncopated rhythm that plaintiff Structured Asset Sales LLC argued were infringing weren’t original enough to be protectable under copyright law. He added the songs weren’t ‘substantially similar taken as a whole’ and that no reasonable jury would find that Sheeran copied [Marvin] Gaye’s song.”

October 2024 Roundup of Copyright News — From the Copyright Alliance’s Rachel Kim, a “quick snapshot of some of copyright-related activities that occurred during the month of October as well as a few events to look forward to in November.”

Artist Deborah Roberts Receives Mixed Ruling in Contentious Copyright Dispute — Decision here. The lawsuit was brought by a renowned collage artist against a gallery and artist who created works that are alleged to mimic Roberts’ distinctive style. On a motion to dismiss, the court dismissed copyright claims against nine of the allegedly infringing works but allowed claims against six to proceed. The court also dismissed Roberts’ trade dress claim.

Prompts as code? — “Some of the more complex prompts would probably be protectable as a “normal” literary text, but it is also true that these are instructions for a generative AI system, i.e., a computer, to perform a function. Advanced prompts often involve specific syntax, parameters, and even logical operators to refine the AI’s output. This structured approach mirrors the logic and organization found in traditional programming languages.”

UMG Sues Believe and TuneCore for $500 Million, Alleging ‘Industrial-Scale Copyright Infringement’ — “Universal Music Group, ABKCO and Concord claim that Believe has achieved significant growth by acting as a hub for distributing unauthorized copies of copyrighted recordings to major platforms including TikTok, YouTube, Spotify, Apple Music and Instagram. UMG et al allege: ‘Often, Believe distributes overtly infringing versions of original tracks by famous artists with notations that they are “sped up” or “remixed”.'”