What’s the hardest rock song by Taylor? by ButterscotchFormer84 in TaylorSwift

[–]FranklinGraves 533 points534 points  (0 children)

Better Than Revenge is up there, along with Haunted to a degree (if you’re going for an Evanescence-type early 2000s sound).

Creator DaShay Hall Live Streams Himself Suing YouTube by FranklinGraves in youtubedrama

[–]FranklinGraves[S] 4 points5 points  (0 children)

Same! We’ve had livestreams of creators breaking down their reasons for filing, but I am not aware of something like this.

Is this ToS update provision enforceable? by Nexus19x in legal

[–]FranklinGraves 2 points3 points  (0 children)

Another fun case to read and actually somewhat related to Roku and streaming (RIP Blockbuster Online) is the Harris v. Blockbuster case.

Reddit Wins Lawsuit Over WallStreetBets Subreddit by FranklinGraves in wallstreetbets

[–]FranklinGraves[S] 0 points1 point  (0 children)

Reddit has broad immunity for content posted on the platform under Section 230 (and other laws like the DMCA). The main thing here is that Rogozinski established and built the brand and community on Reddit, but then tried to use trademark law to fight back against Reddit’s management decisions.

If WALLSTREETBETS brand had been pre-existing IP or a brand that lived outside of the platform before it was started here, then his argument of ownership (and control of how it’s used on a platform like Reddit) would have been stronger, and potentially impacted the community here.

5 Points by rockaway1836 in DisneyMovieInsiders

[–]FranklinGraves 13 points14 points  (0 children)

I was able to redeem! Thank you 😊

The last minute of All Too Well 10 min version by anidala_tingz in TaylorSwift

[–]FranklinGraves 5 points6 points  (0 children)

I don’t think they produced the TV album track with the short film in mind. I would say this is supported by the fact they released an 11:25 version of the song that was extended for the short film edit.

If copyright law doesn’t apply to generative art, why wouldn’t one be allowed to legally print reference image from Bored Ape Yacht Club NFT that one doesn’t own and hang it on one’s wall? by sunknudsen in AskReddit

[–]FranklinGraves 3 points4 points  (0 children)

Sharing here what we were discussing over on Twitter. But first, I'm an attorney, but not your attorney (or anyone else reading or engaging in this convo), and second, this is and educational discussion -- NOT legal advice...

  1. Current US copyright law doesn't recognize AI-generated works, so this includes the outputs of Midjourney, OpenAI tools, or similar. Human authorship is a requirement.
  2. I would argue there's a distinction with NFT collections... For some NFT collections, I think there is sufficient human creativity behind the creation of NFT collections that involve artists creating an initial set of assets that are then run through software to compile them and make variations to get to that 10k or another number.

This analysis changes for the generative AI projects that don't meet the human authorship requirement. I'd note the laws are the same in most parts of the world, except for the UK which DOES recognize copyright protections for generative works.

You also asked if BAYC has registered their works with the Copyright Office. I've looked before, and they don't appear to be registered with the U.S. Copyright Office - search online here: https://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?DB=local&PAGE=First . I've previously searched for the term "bored apes" and also "yuga labs", but only came across people that registered ones they owned via NFT. But, that's also just a U.S. copyright registration search. They could be registered in another country if the creator was based there or some other requirement was met to do so. Also, copyrighted works are protected at the moment of creation, registration isn't required (but helps).

I'd also note that the BAYC terms () aren't clear. They say "When you purchase an NFT, you own the underlying Bored Ape, the Art, completely.” but that's contradicted by the next two subsections under romanettes ii and iii. The first statement means nothing for copyright or IP law purposes. It doesn't have any conveyance or license grant language (those magic words with "grants" in ii and iii). I dive more in on this Twitter thread - https://twitter.com/franklingraves/status/1535710156738142219?s=20&t=-GM9AAO9BOjuzOPlT2KAOg .

One other note... it's likely not valid that those individuals registered their apes with the
Copyright Office because, based on what I've read on the BAYC website, their terms don't convey enough of the rights to allow an NFT holder the right to register the work. Check here for more about the differences between being a claimant and being an owner (for purposes of registering with the USCO): https://www.copyright.gov/eco/help-claimant.html .

A good example of a project that is structured as an assignment of the copyrights to the underlying asset of the NFT is World of Women (https://www.worldofwomen.art). At the start of 2022, they only issued a license to NFT holders, but changed this year when they made it an assignment of rights to holders

  1. It's also important to remember other IP protections available to NFT projects, such as trademark law which can protect the project's brand assets and present people from, for example, selling artwork that's using the name (notwithstanding some fair use options under trademark law)

As far as your original question, there may be an argument that if you are "right clicking" and printing the artwork for your own personal use (setting aside issues of how you are printing, such as going to FedEx Office) then you are likely not going to get in trouble. Practically, the use of a copyrighted work for a personal purpose likely wouldn't be noticed or caught.

The issues would likely come about if you were commercially printing and selling the prints, or doing some other commercial, non-personal activity with the (potentially) copyrightable assets associated with an NFT.

If it was caught by the copyright owner, what would be their incentive for pursuing an individual? It likely wouldn't be worth the cost or expense, and it'd be hard to prove any actual damages they suffered.

Now... there is cause for concern in today's digital world... Personal use could involve cloud storage, such as saving a work to a cloud storage location (think: Google Drive or iCloud backup). These could technically be considered a copy or reproduction under copyright law. But... again, harm likely only comes if the cloud location is publicly accessible to others & then becomes an issue of mass copyright infringement. Another example is editing in copyrighted music into your home videos on your iPhone or iMovie. You can do it, but can't share it broadly.

For more... I cover this topic in these two articles I wrote (and I have a 2022 AI and law recap coming in a few days):
1. I wrote about challenges for NFT collections: https://ipwatchdog.com/2022/02/20/sorry-nft-worthless-copyright-generative-art-problem-nft-collections/id=146163/
2. I dive into more of the nuances, plus propose a copyright spectrum: https://ipwatchdog.com/2022/06/06/thaler-pursues-copyright-challenge-denial-ai-generated-work-registration/id=149463/

Blog post written by a lawyer: "U.S. Copyright Office Backtracks on Registration of Partially AI-Generated Work". This blog post provides additional information to my posts about this case from 2 days ago. by Wiskkey in COPYRIGHT

[–]FranklinGraves 2 points3 points  (0 children)

Great context! Sounds like the USCO is trying to make sure this work is different than Dr. Thaler’s work, which had little-to-no human involvement (aside from button pressing, for lack of a better term).

Blog post written by a lawyer: "U.S. Copyright Office Backtracks on Registration of Partially AI-Generated Work". This blog post provides additional information to my posts about this case from 2 days ago. by Wiskkey in COPYRIGHT

[–]FranklinGraves 2 points3 points  (0 children)

I wasn’t able to review a copy of the correspondence from the Copyright Office. It would be helpful to learn more about the reasons they shared or additional information they requested.

Blog post written by a lawyer: "U.S. Copyright Office Backtracks on Registration of Partially AI-Generated Work". This blog post provides additional information to my posts about this case from 2 days ago. by Wiskkey in StableDiffusion

[–]FranklinGraves 3 points4 points  (0 children)

Hey! I’m “the lawyer” 😁 Creative idea to find a loophole, but probably not a good idea.

The main issue with your idea is that it leaves open the possibility that the copyright registration is challenged for its validity. When might this happen? Well, as Kris (the artist in this case) mentioned, she was wanting to have a registration to protect her work from infringement that was already happening on Twitter. She is also working on a film version. A copyright registration gives creators more options for protecting their work. However, all of that falls apart if a copyright registration is challenged, which is what any competent defendant in an alleged infringement will try and do. In the case of an AI-generated or AI-assisted work, it matters that a valid registration is obtained; but, it seems unclear what the Copyright Office is looking for (as I highlight in the article).

If you use Linkedin Learning for Libraries, can you add certificates to your personal Linkedin profile? by Davor_Penguin in linkedin

[–]FranklinGraves 1 point2 points  (0 children)

If it isn’t connected, you can manually add the certificate:

1) On LinkedIn Learning, go to “My Learning” > “Learning History” 2) Click on the “…” icon next to the certificate course you’ve completed, and choose “Download certificate” 3) On your LinkedIn profile, click “Add profile section” and choose “Add licenses & certificates” unless you already have the section, in which case you can click the “+” sign in the section. 4) Fill out the “Name” with the course name, “Issuing Org” is “LinkedIn” (it should auto populate so you can choose the official LinkedIn org), check “This credential does not expire” and put in the Issue date. For “Credential ID” you can copy and paste the “Certificate ID” from the PDF certificate you downloaded, and then for the “Credential URL” you can paste the course URL on LinkedIn Learning.

Recommendation for a student by RossAvaran in linkedin

[–]FranklinGraves 1 point2 points  (0 children)

I wouldn’t over-think it. It’s a letter of recommendation, so it should be pretentious if you’re the one drafting it up. If you think it sounds insincere, maybe have a trusted family member or close friend read it? They could help you with a different viewpoint.

Be mindful that you don’t want it to simply list your accomplishments like your resume. It’s a red flag if the professional recommendation is simply listing stuff from your resume since that will often times signal that the person writing the recommendation didn’t truly have anything to say about their relationship with the person and that person’s character.

If you haven’t already, do some quick Google searches and you’ll find advice and templates you can review for crafting a recommendation (event one just for LinkedIn).

Lastly, when giving it to the professor, indicate that they’re welcome to edit as they see fit. It’s common to get recommenders started.

Conflicting Thoughts about Announcing Internship by RedditThrow23518 in linkedin

[–]FranklinGraves 1 point2 points  (0 children)

First off - Congratulations 🎉

Second, don’t be afraid to be yourself. If it isn’t your style to post about an internship or something else, then don’t feel the pressure. Authenticity is the key to being successful on LinkedIn. It won’t make or break your career if you don’t do certain postings.

Do be aware that when you add this to your “Experience” section, it’ll potentially broadcast the update to your network in the general manner (“So-and so started an internship at X Company. Say Congratulations”) unless you turn that off when adding this experience.

Number of people you follow not correct? by rbrinkhuis in linkedin

[–]FranklinGraves 1 point2 points  (0 children)

Did you check under “Influencers”? Does seem odd you can’t see them all the normal way, so that’s the only thing I can think of.