Posts By:

Should Music Created by Artificial Intelligence Be Protected by Copyright?

“I have songwriting credits…even though I don’t know how to write a song.” The speaker of this statement is not a musician and has no musical training. His involvement with “creating” the songs in question? Virtually none. He writes computer code. The program he helped create has “composed” over 600 songs, all created with a “push of a button.” Further, his program has a record deal with Warner Bros. Records. What are the implications of using Artificial Intelligence, AI for short, to compose music? Nova Southeastern University's Copyright Officer, Stephen Carlisle, J.D., takes a look at AI technology, how it works and how it meshes with copyright law, and asks: ”if a human being is not behind the creation, does it qualify for copyright at all”?


Smile! Dentist’s “Before and After” Pictures May be Copyrightable After All!

On May 1, 2019, photographers got some more good news from a court decision involving the copyrightable nature of photographs. The decision came in the form of a reversal, this from the 11th Circuit Court of Appeals that broadly criticized the District Court’s conclusion that “before and after” pictures taken by a Florida dentist were “not copyrightable.” Nova Southeastern University's Copyright Officer, Stephen Carlisle, J.D., explains the reasons behind the Court’s action, and in particular, that in the copyright world “original” and “creative” are not necessarily the same thing.


“Fair Use is Not Designed to Protect Lazy Appropriators” Rules Court of Appeals

On April 26, 2019, the Fourth Circuit Court of Appeals handed down a complete reversal of one of the most egregiously wrong copyright decisions in recent memory. The case, Brammer v. Violent Hues, was met with howls of outrage from the photographic community when the opinion of the District Court was handed down. As the opinion of the Court of Appeals vividly demonstrates, they were quite right to feel that way. Nova Southeastern University's Copyright Officer, Stephen Carlisle, J.D., conducts a point by point analysis of the Court’s decision, and how this might become a turning point in fair use analysis.


Grande Communications Makes a “Grande” Mistake, Loses Its DMCA Safe Harbor

Texas based Grande Communications has now followed Cox Communications as the second major Internet Service Provider to lose it’s safe harbor from infringement liability under the Copyright Act. They are supposed to, under the terms of the Copyright Act, “adopt and reasonably implement . . . a policy that provides for the termination in appropriate circumstances of subscribers and account holders . . .who are repeat infringers.” Nova Southeastern University's Copyright Officer, Stephen Carlisle, J.D., examines the facts behind both cases and asks: They know they’re supposed to be doing this, so why don’t they do it?


One Suit, Two Suits, Both About Seuss, So Why Is One Wrong, and the Other Fair Use?

On March 12, 2019, the Judge in the long-running dispute between the writers of a Dr. Seuss-Star Trek “mash-up” titled “Oh, the Places You’ll Boldly Go!” and Dr. Seuss Enterprises, ruled that Defendants alleged parody was “highly transformative” and fair use, and granted summary judgement to the Defendants. Yet, 20 years before, the Ninth Circuit Court of Appeals in another claim to “parody” or “mash-up” where the facts of the O.J. Simpson murder trial were “re-told” in the style of Dr. Seuss , they ruled that this was not “transformative,” not fair use and infringing. How do we reconcile these two decisions? Nova Southeastern University's Copyright Officer, Stephen Carlisle, J.D., takes a step by step, and sometimes picture by picture, comparison of the two cases, examining how they align, and how they differ.


The Supreme Court Says “You’ll Have to Wait”

Consider this problem. You’ve just finished recording your latest batch of songs. The very same day they are released, you go online and register every song and sound recording with the U.S. Copyright Office. Two days later, a friend sends you an email showing that a dozen different pirate sites are offering up your songs for free. You call your lawyer, and insist that lawsuits be filed immediately. Except that your lawyer tells you that you can’t. You might have to wait as long as seven months before you can file any lawsuit. Meanwhile, the infringements will continue unabated. Why? Because this is what the U.S. Supreme Court ruled on March 4, 2019, in the case of Fourth Estate Public Benefit Corp. v. LLC. Nova Southeastern University's Copyright Officer, Stephen Carlisle, J.D., explains the Court’s ruling and how it will affect copyright litigation in the future.


Did Technology Kill Good Music?

According the website, “A study has found that golden oldies stick in millennials’ minds far more than the relatively bland, homogenous pop of today. A golden age of popular music lasted from the 1960s to the 1990s, academics claimed. Songs from this era proved to be much more memorable than tunes released in the 21st century.” Could this be true? Nova Southeastern University's Copyright Officer, Stephen Carlisle, J.D., analyzes the reasons why this might, or might not be the case. In the end, the question becomes, does making recording music easier make it better, or worse?


Court Rules Stealing Personal Photos from Social Media Sites Is Not Fair Use

In a case that is sure to have wide ranging ramifications, a Federal District Judge has ruled that the unauthorized copying of a personal photo from a social media website, and republishing it on a news website, was copyright infringement and not fair use. The Defendant, the venerable media outlet, Hearst Communications, apparently contended that all photographs posted on social media were “fair game” for reposting without a license. Nova Southeastern University's Copyright Officer, Stephen Carlisle, J.D., takes you through this latest skirmish in the “everything on the internet is free” battle.

social media

Court of Appeals Rejects ReDigi

On December 12, 2018, the Second Circuit Court of Appeals rejected all of the arguments put forth by “digital reseller” ReDigi. ReDigi had claimed that its “reselling” of “used” digital music files was protected by the Copyright Act’s “first sale doctrine” which allows the resale of copyrighted works, such as a used book or used Compact Disc. Nova Southeastern University's Copyright Officer, Stephen Carlisle, J.D., looks at the Courts’ reasoning and discusses the impact on the resale of digital goods in the future.


Is Pornography Not Protected by Copyright?

On November 16, 2018, a Federal Judge dismissed a Federal Copyright infringement lawsuit based on the Court’s own sua sponte determination that the Plaintiff’s films were “pornography” and not “even run-of the mill porn” plus finding the content contained an “aberrantly salacious nature.” Further, the Court claims that “it is unsettled in many Circuits -including this one- whether pornography is in fact entitled to protection against copyright infringement.” Is the Judge right? Nova Southeastern University Copyright Officer, Stephen Carlisle, J.D., examines the 30 years of cases that have examined the issue and finds that claims of the issue being “unsettled” are much like pornography: it depends on the eye of the beholder.