Hey folks, Adam here. I have a slight elaboration on the copyright infringement damages issue: Andy’s hypothetical asked the question whether he could file suit for infringement of a song before it was registered with the Copyright Office. His hypothetical did not include the publication/infringement timeline, but I just wanted to clarify that if a work is already published at the time of infringement, the author can claim statutory damages if the work is registered either (1) before the infringement starts or (2) within three months of first publication. 17 U.S.C. § 412. I also want to clarify that when we are talking about statutory damages, the damages are calculated per infringed work, and not each instance of infringement. 17 U.S.C. § 504(c)(1). I hope you enjoy our conversation!
This is part 2 of a 4 part series chatting with entertainment/music attorney, Adam Barraza. Adam works at Axley Attorneys in Wisconsin, but is also licensed to practice in Tennessee. He flew out to my studio in Nashville and we talked about a number of current hot button issues in the music industry. In this second part, Adam talks about copyright in music, specifically how it pertains to AI.
A DISCLAIMER ABOUT THIS EPISODE:
"This video is solely for informational purposes, and we are not giving legal advice or creating an attorney/client relationship by providing this information. Before relying on any legal information of a general nature, please consult legal counsel as to your particular situation."
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Guest Links:
Axley Attorneys: https://www.axley.com/
Contact Adam: ABarraza@axley.com
Episode Music:
Original music by Andy Sydow
Contact me: middleclassrockstar@gmail.com (or) andysydowmusic@gmail.com
Other Relevant Links -
Listen to our SUNO bluegrass friendship song:
https://suno.com/song/670a5983-9fb0-4f3d-b66f-bdfa408267eb
Thaler district court opinion:
https://www.copyright.gov/ai/docs/district-court-decision-affirming-refusal-of-registration.pdf
One of the Copyright Office’s decisions regarding Thaler:
https://www.copyright.gov/rulings-filings/review-board/docs/a-recent-entrance-to-paradise.pdf
Monkey selfie photo:
https://www.cnn.com/2018/04/24/us/monkey-selfie-peta-appeal/index.html
Space Opera Theater:
https://www.copyright.gov/rulings-filings/review-board/docs/Theatre-Dopera-Spatial.pdf
Two links for "Zaraya of the Dawn":
https://www.copyright.gov/docs/zarya-of-the-dawn.pdf
https://www.nixonpeabody.com/insights/alerts/2023/03/09/us-copyright-office-limits-registration-for-ai-created-zarya-of-the-dawn-graphic-novel
Two links for “River of Love”:
https://news.bloomberglaw.com/ip-law/ai-can-write-the-lyrics-but-who-owns-the-music-is-up-for-debate
https://youtu.be/QX2XCBH-6zQ
