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Franklin Graves 🚀 Profile picture
@franklingraves
Jun 12 • 9 tweets • 4 min read Twitter logo Read on Twitter
It's over! The Content ID lawsuit against YouTube brought by composer Maria Schneider is dismissed, with prejudice, the weekend before the start of the trial.

Here's what's happened... 🧵

#ContentID #copyright #YouTube #creators #CreatorEconomy ImageImageImageImage
If you recall, the lawsuit was filed in 2020 and focused on the lack of broader access to copyright management tools, such as Content ID, for independent musicians and creators.
Maria Schneider and others filed the class action against YouTube and Google in an attempt to claim the current system supports piracy, while boosting profits for YouTube, and can't handle repeat infringers.
Last month, I covered the denial by the court to certify a class, which led to a re-assessment of the scope of the trial by the parties. It seems over the last few weeks, there were exchanges and ideas from both sides about what should and shouldn't remain as the trial loomed.
An attempt to dismiss some of those claims without prejudice on Saturday would have allowed any dismissed claims to proceed at a later date if chosen. However, it seems that changed, too.
In the latest dismissal filed on Sunday, the claims are dismissed with prejudice, meaning it's the end of the road for this matter after three years of litigation.
The case is Schneider v. YouTube, LLC (3:20-cv-04423)
District Court, N.D. CA.

Docket on CourtListener: courtlistener.com/docket/1731965…
Don't miss these updates and more! Consider following me and also subscribing to my newsletter or website. Links on profile!
Read this tweet thread as an article: creatoreconomylaw.com/content-id-cop…

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More from @franklingraves

Franklin Graves 🚀 Profile picture
Jun 15
Twitter is getting sued by pretty much every major music publisher for copyright infringement.

Shocking to no one, paying licensing fees for music compositions (one of two copyrights needed for music on platforms) is allegedly not a priority.

Oh, but it gets better… 🧵 ImageImageImageImage
If you have been following Elon, you’ll recall he referred to the “overzealous” DMCA as a “plague on humanity” 🙃

Naturally, that tweet would get included as a screenshot in the complaint! Image
The first claim is for direct copyright infringement.

The second claim is for contributory copyright infringement, meaning that Twitter knew about the content and continued to host it.

The third claim is for vicarious infringement, meaning Twitter knew and benefited from it.
Read 11 tweets
Franklin Graves 🚀 Profile picture
Jun 14
A complaint has been filed against the @SECGov alleging the agency violated the Freedom of Information Act (FOIA) by failing to release unredacted transcripts of 2019 interviews with Mark Zuckerberg in his capacity as CEO of Facebook (now Meta).

There’s more… 🧵 ImageImageImageImage
If you recall, the deposition took place in 2019 following the Cambridge Analytica scandal involving the release of data to third-party app developers.

Facebook was hit with a $100 million fine by the SEC related to misleading investors about the severity of the issue. ImageImage
The complaint alleges that since beginning requests for a full release of materials in November 2021, the SEC failed to ever comply with the FOIA request and follow-up requests.

The SEC cited personal privacy exceptions under FOIA.
Read 5 tweets
Franklin Graves 🚀 Profile picture
Jun 13
Using AI and sensitive information, such as voice or other biometric data?

Keep in mind: “machine learning is not a license to break the law.”

Here's what the FTC is reminding businesses 🧵

ftc.gov/business-guida…

#ArtificialIntelligence #privacy #AI #data
The Federal Trade Commission just released a new blog post that expands on the recent complaints against Amazon & Ring by providing some practical takeaways when it comes to AI tech, including natural language processing, and the collection, storage, & use of biometric data.
🔐 Be mindful of privacy when training and developing an AI tool. The FTC's enforcement authority under Section 5’s unfairness standard looks to both the benefit AND the cost to consumers for AI solutions.
Read 13 tweets
Franklin Graves 🚀 Profile picture
Jun 13
Want an example of how not to write AI legislation? Here's one introduced to the House...

“Disclaimer: this output has been generated by artificial intelligence.”

I have thoughts... 🧵

#ArtificialIntelligence #AI #GenerativeAI ImageImageImage
That's the Act. To be fair, it does say that the Federal Trade Commission has enforcement power over whether or not the above disclaimer is included with any synthetic media.

🛑 But, how can this be it?

It leaves many unanswered questions, such as:
❓ What is the manner in which this disclaimer must appear? As a watermark on a photo or during a sound output? Within the metadata (if so, where)? At the end of a text output?
Read 7 tweets
Franklin Graves 🚀 Profile picture
May 18
What a day! 🔥 We have four incredible decisions released from the U.S. Supreme Court across intellectual property and internet law.

I’ll help break it down with a quick first pass at what the outcomes have been for four cases.

🧵

#SupremeCourt #SCOTUS
🔥 Andy Warhol Foundation for Visual Arts, Inc. v. Goldsmith

The Court finds in favor of Goldsmith that the use of the Prince photograph was NOT a #FairUse under #Copyright law.
It was a 7-2 decision written by Justice Sotomayor, with a dissent written by Justice Kagan and joined by Chief Justice Roberts.

Read: supremecourt.gov/opinions/22pdf…
Read 15 tweets
Franklin Graves 🚀 Profile picture
Apr 27
Q1 2023 filings for publicly traded #creatoreconomy companies leave me with one takeaway: ad revenues continue to decrease across numerous companies as advertiser spend is clearly slowing down.

But, that’s not all I cover in this week’s issue!

linkedin.com/pulse/ad-decli…
YouTube - 2.6% drop YoY in ad sales

Meta - 17% YoY drop in average price per ad, but they served more ads (26% more YoY)

Roku Inc. - 1% drop YoY in revenues
Both Roku and Spotify refer to the "macro" environment, with Roku explicitly pointing to industry data that shows "the total U.S. advertising market down 7.4% YoY."

It will be interesting to see how this expands into all areas of the creator economy.
Read 4 tweets

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