Dec 2, 2023 5 min read

CMU Digest: Sony digital chief calls for US-wide publicity right, Anthropic seeks to get music publisher lawsuit dismissed + more

In this week's digest: Sony’s digital chief calls for a US-wide publicity right at a Congressional hearing on artificial intelligence, BMG announces a restructure, AI firm Anthropic seeks to get the lawsuit filed against it by a group of music publishers dismissed + more

CMU Digest: Sony digital chief calls for US-wide publicity right, Anthropic seeks to get music publisher lawsuit dismissed + more

Sony Music's global digital chief Dennis Kooker called for a US-wide publicity right at a Congressional hearing on AI. While also discussing the positives of generative AI in music, he stressed that the rise in unauthorised deepfakes and vocal clones was a big concern - with Sony alone having now issued nearly 10,000 takedown notices seeking the removal of such content. He added that digital platforms are exploiting legal loopholes to "drag their feet" when dealing with those takedowns. The loopholes are partly the result of publicity rights - which should allow artists to protect their voices and identities - existing at a state-level in the US. Hence the need for a new publicity right in federal law.

Sony Music digital chief asks Congress to close “legal loopholes” to ensure artists can stop authorised AI voice clones
Sony Music’s President of Global Digital Business Dennis Kooker has spoken at a US Senate session on AI calling for a US-wide publicity right to make it easier for artists to stop authorised voice clones

BMG announced a restructure to "future proof" the company. The big changes are on the recordings side of the business, which is being rejigged to bring it more in line with the publishing side. In particular, the firm's catalogue, sales and marketing operations will become global functions, which will then support local artist relations and campaign management teams. CEO Thomas Coesfeld said the changes were necessary because "music is going through another tectonic change" with "new ways of creating and consuming music and looming changes in streaming economics ... challenging us to do even better for our clients".

BMG announces restructure to “future proof” the business
BMG yesterday announced a restructure of its operations because, says CEO Thomas Coesfeld, “new ways of creating and consuming music and looming changes in streaming economics are challenging us to do even better for our clients”

AI company Anthropic sought to get a lawsuit filed against it by a number of music publishers dismissed on jurisdiction grounds. The publishers accuse Anthropic of using their lyrics without permission when training its AI chatbot Claude, which - they claim - constitutes copyright infringement. Anthropic will ultimately argue that using lyrics in that way constitutes 'fair use' under US copyright law. But for now it is focusing on the decision of the music companies to file their lawsuit in Nashville, Tennessee. It points out it is based in California, which is also where many of the other cases testing the copyright obligations of AI companies have been filed. With that in mind, it argues that Tennessee is the wrong jurisdiction for this dispute and the publishers' lawsuit should therefore be dismissed.

AI firm Anthropic seeks dismissal of music publisher lawsuit on jurisdiction grounds
AI company Anthropic has called for a copyright infringement lawsuit filed against it by a group of music publishers to be dismissed on jurisdiction grounds

More information was revealed about the legal dispute between Hall & Oates. We already knew Daryl Hall had secured an injunction against John Oates, but we didn't really know why because court documents in relation to the dispute were initially sealed. But we now know that the litigation relates to a plan by Oates to sell his share in the duo's joint venture company Whole Oats Enterprises to Primary Wave. Hall says that Oates negotiated a deal with Primary Wave in secret and without getting his permission, which violates the terms of their business partnership. This week the judge overseeing the case agreed to extend the injunction that is currently pausing any sale of Oates’ shares to Primary Wave while the musical collaborators go through an arbitration process.

Hall & Oates dispute relates to proposed Primary Wave deal
More details have been revealed about the legal dispute between Hall & Oates - it turns out Daryl Hall is trying to block a deal which would see John Oates sell his share in the duo’s joint venture business to Primary Wave
Hall & Oates both make court filing as the legal dispute over their joint venture company continues
The legal dispute between Hall & Oates continues, with Hall accusing Oates of the “ultimate partnership betrayal”, and Oates criticising the “inflammatory, outlandish, and inaccurate statements” that have been made about him

The IFPI said that music fans overwhelmingly agree that tech companies should get permission before using existing music to train generative AI models. The global record industry trade group inserted some AI questions into its annual survey of 43,000 music consumers around the world. It said that, of the 89% of respondents who were aware of AI, 76% felt that "an artist’s music or vocals should not be used or ingested by AI without permission", and 74% believe "that AI should not be used to clone or impersonate artists without authorisation". Which basically means that the majority of music fans agree with the music industry, which is adamant that AI companies need permission before making use of existing music to train their models.

Music fans believe AI companies training models with existing recordings must get consent, says IFPI study
The majority of music fans believe that tech companies training generative AI models with existing recordings must get permission from the music industry - according to a new survey of 43,000 music consumers by IFPI
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