Warhol understood what transformative art looked like, the US Supreme Court doesn’t

Last year Walled Culture wrote about an important copyright case before the US Supreme Court. It concerned Warhol’s images of the musician Prince, which are based on a photo taken by Lynn Goldsmith. At issue was whether this was fair use of the work. By seven to two, the Supreme Court judges ruled that it …
In a world where AI art is cheap and easy to generate, do we still need copyright?

To say that AI-generated art is controversial would be something of an understatement. The appearance last year of free tools like Stable Diffusion has not just thrown the world of art into turmoil, it has raised profound questions about the nature of human creativity. AI art also involves thorny issues of copyright that have piqued …
The copyright world is preparing to hobble yet another innovative technology – generative AI

Last week Walled Culture noted that there already are two lawsuits against generative AI systems that are causing such a buzz at the moment. Both those legal actions involved the visual arts, but as this blog noted back in October last year, generative AI is going to have a massive impact across all the creative …
SoundCloud’s “Fan Powered Royalties”: a halfway house towards the true fans approach

Regular readers of this blog will know that Walled Culture is a fan of the true fans concept – the idea that creators can be supported directly and effectively by the people who love their work. The true fans model has been up and running for some years now, although it hasn’t generally been framed …
Top EU court’s advisor points out that geoblocks can be easily circumvented: time to get rid of them

One of the central ideas of both Walled Culture the blog and Walled Culture the book is that copyright simply doesn’t work in the digital world. One proof of that fact can be found in the ridiculous concept of geoblocks. This is the idea that you can carve up the Internet according to geography, such …
V Live, the largest archive of K-pop live streams, will soon be V Dead: what happens to all that culture?

When people speak of culture, and preserving it, they usually mean the works of recognised artistic giants like Shakespeare, Leonardo Da Vinci, Charlie Chaplin, and Miles Davis. They rarely mean things like live streams of Korean pop music, generally known as K-pop. And yet K-pop is undoubtedly an expression – some would say a particularly …
Why generative AI will take over the world of art, and will render copyright irrelevant

Observant readers of this blog may have noticed that the images used to illustrate the posts have changed recently. Previously, I have drawn on photos that were either in the public domain, or released under a minimal Creative Commons licence such as CC-BY 4.0. For reasons best known to itself, Google Image search has gone …
How copyright absurdity rules over J. R. R. Tolkien’s “The Rings of Power”

J. R. R. Tolkien’s “Lord of the Rings” is one of the best-known and best-loved modern works of literature, not least thanks to Peter Jackson’s films based on the cycle. Given that popularity, it’s no surprise that there was interest in creating adaptations of other Tolkien works. The result is “The Lord of the Rings: …
Ed Sheeran must face yet another music copyright trial, even more outrageous than the others

Back in April, Walled Culture wrote about Ed Sheeran’s victory in a case alleging copyright infringement. Unfortunately, the copyright world’s obsession with ownership means that Sheeran can’t simply relax now. In fact, he has already been hit with another lawsuit. What makes this case worse is that it is alleged he copied his hit song …
Ireland shows how to take the true fans idea to the next level, with a bold new arts funding programme

One of the recurring themes on this blog is the idea of true fans: hard-core supporters of an artist who are willing to send money directly to creators whose work they love. The original idea was expressed most cogently by Kevin Kelly back in 2008: You need to meet two criteria. First, you have to …
Upload filters: unjustified blocks, unfair appeals process, and a system rigged in favour of Big Content

The EU Copyright Directive contains one of the worst ideas in modern copyright: what amounts to a requirement to filter uploads on major sites. Despite repeated explanations of why this would cause huge harm to both creators and members of the public, EU politicians were taken in by the soothing words of the legislation’s proponents, …
Twitch mutes top videogame streamer because of claim he used someone’s copyright siren sound effect

Alongside death and taxes, one of life’s great certainties is a constant flow of absurd copyright claims. Here’s one from the world of live videogame streaming on the popular Twitch platform, owned by Amazon. A group of Spanish-speaking streamers organised a gaming event featuring “Project Zomboid“, a zombie survival role-playing game. TorrentFreak explains how copyright …
PlayStation reminds people that digital ownership is vanishing, by removing films they had bought

Last month, we wrote about the imminent death of digital ownership. In case some people didn’t get the message, Sony’s PlayStation division has just made it crystal clear (translation by DeepL) with the imminent removal of 314 titles in Germany and 137 in Austria from the distributor StudioCanal: As of 31 August 2022, due to …
Facebook is so sure its erroneous blocking of music is right, there’s no option to say it’s wrong

It’s hardly a secret that upload filters don’t work well. Back in 2017, Felix Reda, then Shadow Rapporteur on the EU Copyright Directive in the European Parliament, put together a representative sample of the many different ways in which filters fail. A recent series of tweets by Markus Pössel, Senior Outreach Scientist at the Max …
Amazon’s doubly amazing achievement in becoming the backbone of Hollywood

Back in March, Walled Culture reported on Amazon’s acquisition of MGM, and how it was a logical move for the company given that it is seeking to establish itself as one of the main video streaming companies, alongside Netflix and Disney. But in the background, Amazon has achieved something even more remarkable, first noted in …
For all the wrong reasons, two great copyright taboos have been broken

The Authors Alliance blog has an interesting post about Disney’s relationship with the duration of copyright in the US. This manifested itself most famously with the US Copyright Term Extension Act, passed in 1998. As the New York Times explained in 2002: The 1998 extension was a result of intense lobbying by a group of …