CMU Daily 11.07.23: Authors sue ChatGPT for copyright infringement, Live Nation buys into Colombian promoter

Sarah Silverman joins authors in suing ChatGPT for copyright infringement
Comedian and writer Sarah Silverman has joined with fellow authors Christopher Golden and Richard Kadrey to file copyright lawsuits against OpenAI and Meta. The trio of writers accuse the companies of copyright infringement for allegedly training their ChatGPT and LLaMa generative AI models with copyright-protected books they have written - without obtaining a licence to use the content of the books for that purpose.

Generative AI models - which generate content of one kind or another - need to be "trained", a process which essentially means showing the AI the type of output it is expected to generate.

This requires providing the model with significant amounts of existing content, which raises a number of questions around what content has been used, and whether that use needs a licence from whoever owns the copyright in the original material.

With generative AI becoming rapidly more sophisticated, and with more companies entering the field, answering those questions has become more urgent.

Copyright owners from the media and entertainment industries - including those that control the rights in books, photography and music - are adamant that any training of an AI model with existing content exploits the copyright in that content, and therefore the makers of the AI tools must license any content they use for training from the relevant copyright owners.

However, not everyone on the tech side agrees. Some in the AI space argue that their use of copyright-protected material is covered by exceptions that exist in the copyright systems in the countries where their servers are based. Or that training of generative AI may be permitted under the somewhat tricky concept of fair use under US law. And therefore they do not need to get permission from the owners of any copyrights.

The copyright industries, including the music industry, have been pushing governments and lawmakers to clear up any ambiguity in this domain and ensure that the makers of generative AI are required to secure licences. Meanwhile, the lawsuits are starting to stack up testing what copyright law currently says in this domain.

Two other authors - Paul Tremblay and Mona Awad - filed a copyright infringement lawsuit against ChatGPT last month. Meanwhile, Getty Images has sued the people behind the visual generative AI platform Stability AI in both the UK and US courts.

None of these are music-specific cases but nevertheless could set precedents of huge importance to the music industry.

The new lawsuit claims "much of the material" in the training datasets used by OpenAI and Meta to respectively train ChatGPT and LLaMA "comes from copyrighted works - including books written by plaintiffs - that were copied ... without consent, without credit, and without compensation".

"Many kinds of material have been used to train large language models", the lawsuit adds. "Books, however, have always been a key ingredient in training datasets for large language models because books offer the best examples of high-quality longform writing".

One challenge for copyright owners seeking to enforce their rights against the makers of generative AI tools is that it's not always clear what specific material has been used to train the AI.

Another demand from copyright owners, therefore, is that a transparency obligation should be put into law so that AI companies are obliged to clearly state what data and content they used to train their generative AI models.

The companies behind some of the generative AI models for music creation have actually said in accompanying documents that those models were trained on "licensed music", although it sometimes isn't clear what specific music has been used.

In the meantime, the two new lawsuits against OpenAI and Meta dissect what the two companies have said about how they trained their technologies in order to reach some assumptions regarding what copyright-protected materials may have been exploited.

The lawsuits accuse the technology companies of direct copyright infringement and vicarious copyright infringement, as well as unfair completion and unjust enrichment. They also accuse the tech firms of removing copyright management information linked to the copyright-protected works they exploited, in violation of US copyright rules.

We wait to see how OpenAI and Meta respond - and also what the next copyright infringement lawsuit against an AI platform might be.

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Aretha Franklin's children appear in court over will dispute
A court in Michigan heard testimonies from Aretha Franklin's children yesterday in a dispute over the late musician's will. Franklin's sons disagree over whether documents from 2010 or 2014 best represent their mother's wishes in terms of how her estate should be managed.

Following Franklin's death in 2018 two documents were found at her home, both of which could be considered her last will and testament.

The one written in 2014 is obviously the more recent. However, it was written in two different ink colours, has a number of blank spaces and was found under a sofa cushion. The earlier document from 2010 was completed, signed on every page and stored in a locked desk with other important paperwork.

Which document is considered Franklin's will is important because there are some key differences between them, meaning that each document favours different children.

The 2010 document lists one of her sons, Theodore Richard White, as co-executor, alongside Franklin's niece Sabrina Owens. It also states that two of her other sons, Kecalf Franklin and Edward Franklin, should receive schooling before benefiting from the estate.

But the 2014 document makes Kecalf the co-executor instead of Theodore, and removes the schooling requirement for both him and Edward.

Therefore, unsurprisingly, Theodore argues that the 2010 document should be considered his mother's last will and testament, whereas Kecalf and Edward argue that that document is superseded by the less formal 2014 document.

According to Law360, a legal rep for Kecalf told the court yesterday that the 2014 document begins "being of sound mind, I write my will and testimony" and is signed at the bottom, and that's all that is required for said document to be legally binding.

The fact it was stored under a cushion is irrelevant, he added. After all, "why would anyone sign the document if it was supposed to just be a draft?"

Kecalf himself said it wasn't surprising that the 2014 document was found under a cushion, because his mother often slept on the sofa and wasn't known for keeping a tidy home. The document was definitely in his mother's handwriting, he added, and the signature included the smiley face that Franklin often added to the 'A' in her name.

However, the lawyer representing Theodore argued that if a person expects a document to be their last will and testament, that document is more likely to be fully completed and stored in a safe place.

Theodore himself stressed that all of his mother's other important documents were "done conventionally and legally" and with "attorneys involved", making it unlikely she intended the 2014 document to be in any way binding.

Further arguments will be presented in court later today before a jury makes a decision on which document to enforce.

In addition to the two documents, there are also voicemail messages that Franklin left with a lawyer in 2018 about making a new will. However, the judge hearing the case decided those are not relevant and said that they couldn't be played to jurors.

Meanwhile, Franklin's fourth and eldest son, Clarence Franklin, who has a disability and lives in an assisted living facility, confirmed before this week's court case that he had reached a settlement regarding his interests and would therefore not participate in the legal battle.

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Live Nation acquires majority stake in Colombia's Páramo Presenta
Live Nation has acquired a majority stake in Páramo Presenta, a leading concert promoter in Colombia. The live giant says that the deal "demonstrates its commitment to Latin America and strengthens its global platform, while underscoring its dedication to supporting local talent and providing fans with unparalleled live entertainment experiences".

The deal with Páramo Presenta was executed through Mexico-based OCESA Entretenimiento, in which Live Nation took a controlling stake back in 2021, another acquisition that significantly expanded the global live firm's interests in Latin America.

Confirming the new acquisition, Live Nation chief Michael Rapino says: "Páramo is fresh off of a record year and their team are some of the best in the business. Colombia is a booming market and we're looking forward to working with our new partners at Páramo and longtime partners OCESA as we continue our expansion across Latin America".

Páramo Presenta CEO Gabriel García adds: "Almost 20 years ago, we embarked on this journey because we saw the opportunity to bring more artists we love to Colombia. After being raised in an era with very few shows in the country, and being part of an exponential rise of live music, today we celebrate this historic merger with Live Nation and OCESA, two of the most important entertainment companies in the world".

That merger, he then says, "will propel us to new heights and provide even more unforgettable moments between artists and fans, becoming a key part of the country's growth and strengthening our market to be increasingly competitive on the global stage of live entertainment. All of this was made possible thanks to the public and the sponsors who have believed in and supported our work".

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The Core Entertainment and Universal Music partner on new label venture
Management firm The Core Entertainment has announced a partnership with Universal Music which will see the launch of new label venture The Core Records. The two companies say that that new venture will "sign and develop new artists, working with Universal Music's global network of industry-leading labels".

The Core Entertainment was set up in 2019 by Kevin 'Chief' Zaruk and Simon Tikhman in partnership with another big old music company, that being Live Nation. Its management roster includes Nickelback, Bailey Zimmerman, Valley, Nate Smith, Austin Shawn, Dillion James and Josh Ross.

There are existing connections between the management firm and Universal Music. Some of the artists it manages are signed to the major, and back in 2021 it announced an alliance with Universal Music Canada via which the Core team would basically talent scout on behalf of the major's Canadian division.

Confirming the new label partnership, Universal Music boss man Lucian Grainge says: "We love building upon our entrepreneurial culture and are so pleased to welcome Chief and Simon who have a reputation for identifying some of the industry's most promising artists. We look forward to helping them grow their roster and drive global success for their artists".

Zaruk adds: "We're excited for this next evolution in The Core and honoured to work with Sir Lucian and the team at UMG to help us continue to guide artists to develop their careers and brands. We've had a great time building The Core over the past few years and are excited to create a home for new artists with the incredible resources and support from UMG".

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Courtney Barnett to close Milk! Records, announces final release
Courtney Barnett has announced that she is closing her Milk! Records label, through which she has released her own music and that of other artists for more than a decade. The company's final release will be her new instrumental album, the appropriately titled 'End Of The Day'.

In a statement on social media yesterday, the label confirmed the news, saying: "After eleven magical years, Milk! Records will be closing at the end of 2023. We are so grateful for the last decade of love and support, and we are super proud of all the amazing music we've had the honour to be a part of releasing".

Speaking to The Guardian about the decision, Barnett said: "I don't have a soundbite yet, of what to say. It just felt like the right time. A year ago, or maybe even six months ago, thinking about [closing it] would've been so impossible and so difficult and I would've resisted. One day I literally just woke up and my mind had changed".

Barnett set up the record company in 2012, in the hope that having a label brand connected to her self-released debut EP 'I've Got A Friend Called Emily Ferris' would make it seem like a more serious prospect.

Running the venture with her then partner Jen Cloher - who also released music via the label - the company went on to put out more than 60 releases, working with artists including Sleater-Kinney, Chastity Belt, Tiny Ruins, Loose Tooth and Hachiku.

'End Of The Day' was written and recorded with Warpaint's Stella Mozgawa and formed the soundtrack to Danny Cohen's 2021 documentary about Barnett, 'Anonymous Club'. It is set for release on 8 Sep.

Out now are three tracks from the record - 'Start Somewhere', 'Life Balance' and 'First Slow' - which you can listen to here.

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Madonna thanks fans for "positive energy" following health scare, announces reworked tour plans
Madonna has issued her first statement since receiving treatment for a bacterial infection, which resulted in the postponement of her 40th anniversary world tour. She thanked fans for their support and gave an update on plans for rescheduled dates.

"Thank you for your positive energy, prayers and words of healing and encouragement", she wrote. "I have felt your love. I'm on the road to recovery and incredibly grateful for all the blessings in my life".

"My first thought when I woke up in the hospital was my children", she said. "My second thought was that I did not want to disappoint anyone who bought tickets for my tour. I also didn't want to let down the people who worked tirelessly with me over the last few months to create my show. I hate to disappoint anyone".

However, she went on, "my focus now is my health and getting stronger and I assure you, I'll be back with you as soon as I can".

The musician's manager Guy Oseary announced last month that Madonna had been hospitalised in intensive care with a "serious bacterial infection". This meant that 'The Celebration Tour' would not begin in Canada on 15 Jul, as had been planned.

Concluding her statement, Madonna said that "the current plan" is that the initial run of North American dates will be pushed back to 2024. The tour will now commence in Europe in October, with her already scheduled dates going ahead as planned, starting with a four night run at the O2 Arena in London on 14-18 Oct.

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RELEASES

Corey Taylor has released new solo single 'Post Traumatic Blues'. The song, he says, is "my attempt to describe for people what it's like to deal with PTSD. Sometimes it's so hard for people to understand the ups and downs, the severity of the cold and numbness, that I wanted to try and build a bridge lyrically between the ones living with the disease and the ones who are trying to help them". His new solo album 'CMF2' is out on 15 Sep.

Mahalia has released new single 'Ready'. She says of the track: "'Ready' is the intro on my album. It is a song that perfectly describes where I was at when I started writing this record. I was partially scared - mostly excited. It's been a long journey to get here but ultimately, I'm proud that I did. I loved this one as soon as I wrote it and I'm genuinely so excited for people to hear it. I'm finally ready for this album to come out and I hope everyone's ready to hear it!"

DJ Seinfeld and Confidence Man have teamed up for new single 'Now U Do'. "Conman x Seinfeld is an inner trip that takes you somewhere sexy and expensive, without even having to get the plane to Ibiza", say Confidence Man. "And when we sell out we sell out hard and we sell out fast. Leave nothing unsold. Goddamn, if this ain't a hit, I dunno what the hell is".

Bonnie 'Prince' Billy has released new single 'Crazy Blue Bells'. His new album 'Keeping Secrets Will Destroy You' is out on 11 Aug.

Chromeo have released new single '(I Don't Need A) New Girl'.

Tycho has released new single 'Time To Run'.

The Ghost Inside have released new single 'Earn It'. "Sometimes people think because of the social status or circumstances they're born into, they're entitled to greatness", says frontman Jonathan Vigil. "Nothing worthwhile is ever gonna be handed to you. You gotta earn it".

Tebi Rex have released new single 'People Pleaser'. "Please, please like us. Oh please", say the duo. Their new EP 'Sitcom' is due out this autumn.

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GIGS & TOURS

The 1975 have been announced as replacements for Lewis Capaldi at this year's Reading and Leeds festivals. Which is nice. If you like that sort of thing.

Bad Dreems have announced UK tour dates in September, including a show at the Boston Music Rooms in London on 7 Sep. As a taste of just how good these shows will be, they've released a live video for 'Black Monday' from their new album 'Hoo Haa'.

Check out our weekly Spotify playlist of new music featured in the CMU Daily - updated every Friday.

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Billy Joel responds to Fall Out Boy's rebooted We Didn't Start The Fire
Last month Fall Out Boy released an updated version of Billy Joel's song 'We Didn't Start The Fire', with new lyrics referencing people and events that have been noteworthy since the release of the original in 1989.

Everyone had an opinion on it, of course. Everyone except Billy Joel, that is. But now he's finally passed comment and, well, it seems he hasn't actually heard it. But he's fine with it. So that's nice.

Speaking to Radio 2, Joel simply said that he had "heard about" Fall Out Boy's new version, which suggested that he wasn't sufficiently excited about the idea to devote four minutes of his life listening to the new track. He is, however, seemingly hopefully that it'll stop people from asking him when he's going to record his own sequel to his 1989 hit.

"Everybody has been wanting to know when there is going to be an updated version of it, because my song started in 49 and ended in 89 - it was a 40-year span", he said. "Everybody said, 'Are you going to do part two? When are you going to do part two?' And I said, 'Nah, I've already done part one'. So, Fall Out Boy, go ahead. Great. Take it away".

So, there you go, Fall Out Boy have official approval to do a thing they've already done. Which is great news, I think you'll agree.

Of course, the band didn't do quite as good a job as Joel did in the original when it comes to listing the people and events they name-check in chronological order, and they missed out some significant stuff - most notably the COVID-19 pandemic.

So, I suspect there might still be people out there who are hopeful that Joel will have a go at a sequel and do a better job of it. Come on, Billy. Go ahead. Take it away.

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