Franklin Graves 🚀 Profile picture
tech lawyer 👨🏻‍💻 adjunct @CreativeEnter + @newenglandlaw • writing @passnfrt + @tubefilter + @IPWatchdog • Tweet = my own ≠ legal advice | ♥️ #CreatorEconomy
Jan 26 9 tweets 2 min read
Fun fact I learned today: Meta tried to send GitHub a DMCA takedown when a user uploaded the weights associated with LLaMA. 🦙

How do you think it turned out? Image GitHub makes public all of the DMCA takedown requests that they receive.

They post them to a central repo with personal information redacted. They actually make this rather clear if you read their robust documentation on the company's DMCA policy.
Oct 30, 2023 13 tweets 3 min read
🚨 Breaking!! 🚨

Court grants, in part, Stability AI, DeviantArt, and Midjourney’s motion to dismiss in the Anderson case! 🤯

Let’s unpack this…

#AI #ArtificialIntelligence #copyright
Image
Image
“Finding that the Complaint is defective in numerous respects” Judge William Orrick granted the motion to dismiss Anderson’s claims:

1. All 3 defendants were granted the motion to dismiss direct copyright infringement claims.

Anderson is allowed to amend & file again.
Sep 12, 2023 15 tweets 3 min read
🚨 Two new #copyright infringement cases were filed against Meta and OpenAI 🚨

The lawsuits were filed as class actions (not shockingly).

Here's what you should know 🧵

#GenerativeAI #ArtificialIntelligence #AI
Image
Image
🫣 Chabon v. Meta Platforms Inc., 3:23-cv-04663, (N.D. Cal.)

Filed: September 12, 2023

The focus is on the LLaMA model that Meta / Facebook Research has released variations of over the last year.
Sep 6, 2023 7 tweets 2 min read
The @CopyrightOffice has issued a denial for a Second Request to reconsider its refusal to register an AI-generated work… that one that won the art competition 😳

In short: Jason Allen failed to meet the de minimis standard.

#copyright #AI #GenerativeAI
Image
Image
What was insufficient to meet the de minimis standard for human involvement?

🚫 624 revisions and text prompts
🚫 Editing out flaws in Adobe Photoshop
🚫 Refusal to disclaim the generative outputs of Midjourney and Gigapixel AI
Jun 28, 2023 37 tweets 10 min read
The @CopyrightOffice is hosting a Zoom right now covering guidance for works containing #GenerativeAI content.

Here’s what they’re saying… 🧵

#copyright #AI The @CopyrightOffice recommends using the Supreme Court decision in Feist as the lens through which disclosure of generative AI outputs is required.
Jun 15, 2023 11 tweets 3 min read
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
Jun 14, 2023 5 tweets 3 min read
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
Jun 13, 2023 13 tweets 3 min read
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.
Jun 13, 2023 7 tweets 3 min read
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:
Jun 12, 2023 9 tweets 4 min read
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.
May 18, 2023 15 tweets 4 min read
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.
Apr 27, 2023 4 tweets 1 min read
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
Apr 19, 2023 13 tweets 4 min read
🚨 Stability AI, Midjourney, and DeviantArt, Inc. have all filed their motions to dismiss the Anderson class action lawsuit 🚨

It's a lot to unpack, but here are some of my initial takeaways 🧵

#copyright #ArtificialIntelligence #GenerativeAI ImageImageImage 🔥 Registered Copyrights.

The parties seek to narrow the lawsuit to just copyrighted works that have been registered, which might remove Ortiz and McKernan as plaintiffs.
Feb 22, 2023 7 tweets 3 min read
It’s OFFICIAL🚨

@CopyrightOffice will NOT allow registration of AI-generated images as part of larger graphic novel registration

The generative works were not properly disclaimed, therefore the USCO is reissuing a certificate to fix + limit the OG registration.

#copyright #AI “We conclude that Ms. Kashtanova is the author of the Work’s text as well as the selection, coordination, and arrangement of the Work’s written and visual elements. That authorship is protected by copyright. […]
Feb 21, 2023 5 tweets 2 min read
Lol… this thumbnail for a livestream on YouTube of the oral argument is killing me 🤣

And so fitting for the discussion.

#GonzalezvGoogle #Section230 Image Oh geez… and the YouTuber is rebroadcasting the CSPAN feed 😬🫣😅

youtube.com/live/zTBwI99iP…
Jan 14, 2023 6 tweets 6 min read
🚨 A new class action was filed against @StabilityAI (#StableDiffusion), @midjourney_ai, & @DeviantArt (#DreamUp) on behalf of artists whose works were used to train AI/ML algorithms. 🔥

Here's a breakdown... 🧵

#copyright #ai #ml #artificialintelligence #DMCA #Midjourney The named artists bringing the class action included references to haveibeentrained.com as proof that their works were used for the Stable Diffusion and Midjourney tools.

The complaint dives into how each company developed its specific tool & then offered them to the public.
Jan 12, 2023 5 tweets 3 min read
What's going on with this class action lawsuit against both Google & YouTube as well as several creators and toy brands?

More importantly, why should you care?

I got you covered... 🧵

#google #youtube #creatoreconomy #creators #privacy #COPPA #FTC Image A class action was filed in 2019 by a class of children against both Google and YouTube, as well as numerous kids and family media channels, including
Ryan's World,
CookieSwirlC,
Cartoon Network,
Hasbro,
Mattel, Inc.,
DreamWorks Animation, and more.
Dec 16, 2022 14 tweets 3 min read
I have some thoughts on a bit of what was shared by Alfred David Steiner in this @NYSBA article exploring #copyright and #NFTs #NFTCollections, specifically those like #BAYC.

Buckle up… 🧵

nysba.org/bored-apes-and… The article gives 4️⃣ “reasons why a ‘CryptoPunk’ may not merit copyright protection”, each of which I will respond to in order…

Let’s go! 😀
Dec 16, 2022 4 tweets 1 min read
Oh my… @brianlfrye throwing bows and taking us all into a hot debate right now at the @NYSBA web3 event 😂

Broadly claiming “Copyright is irrelevant” 😳 😅 And he keeps throwing 🔥 statements 😂

“You don’t own an NFT, you pwn it”

“It’s all a securities market”
Dec 2, 2022 11 tweets 3 min read
Huge news from @discord about the launch of server subscriptions that will impact #creators for a variety of reasons.

Let’s explore! 🧵

#CreatorEconomy #CreatorEconomyLaw #discord #DiscordServer 👉 When an audience becomes a customer, it can dramatically change the relationship. Creators, and their mod teams, need to ensure they understand how to manage customer relations.
Nov 30, 2022 18 tweets 4 min read
The @FTC is suing @Google and @iHeartMedia after on-air personalities promoted the #Pixel4 phone as if they were owners or users of the phones themselves.

Here’s what’s going on… 🧵

#CreatorEconomy #CreatorEconomyLaw First page of FTC complaintSecond page of FTC complaint The FTC is pursuing the claims based on activity from October 2019 and 2020 alleging false endorsement claims that constitute unfair or deceptive acts or practices in or affecting commerce in violation of Section 5(a) of the Federal Trade Commission Act.