Posts

Naruto & PETA vs. Slater: The Legal Battle Over the Monkey Selfie

Image
  Naruto, a macaque, took this self-portrait in 2011 with a camera owned by photographer David Slater. In 2011, British wildlife photographer David Slater ventured into the lush jungles of Indonesia to photograph crested black macaques. During his trip, one curious monkey named Naruto got hold of Slater’s camera and snapped a series of selfies, images that would later go viral on the internet. However, what started as a quirky moment in wildlife photography turned into a landmark legal case involving animal rights, copyright law, and the question of whether animals can own intellectual property. In 2015, People for the Ethical Treatment of Animals (PETA) filed a lawsuit on behalf of Naruto against Slater, claiming that the monkey, not the photographer, was the rightful owner of the now-famous selfie. PETA argued that since Naruto physically pressed the shutter button, he should be recognized as the author of the photograph under U.S. copyright law. This bold move by PETA sparked in...

Can AI Art Be Copyrighted? The Case of Théâtre D’opéra Spatial by Jason M.Allen

Image
  Image source: The New York Times Sources: Reuters , The New York Times Artificial intelligence is rapidly reshaping the creative field. Tools like ChatGPT 4.0, Midjourney can now generate stunning works of art with just a few lines of text. But this raises a key question: can AI-generated content be copyrighted? One of the most famous cases is that of Jason M. Allen, a game designer from Colorado, who created an AI-assisted image called “Théâtre D'opéra Spatial”. The U.S. Copyright Office denied him copyright protection for this image. Background of the case In 2022, Jason M. Allen generated an image called “Théâtre D'opéra Spatial”. After that, he submitted it to the Colorado State Fair Art Competition, ultimately taking first place in the digital art category. He candidly states that he used AI, but emphasizes that he invested a significant amount of effort into selecting the cue words, adjusting the parameter settings, and editing the images. So he tried to copyright it. C...

Eminem Sues Meta Over Unauthorized Use of 243 Songs — $109 Million Lawsuit Filed

Image
Source: Independent.co.uk Eminem who is one of the most well-known rappers of our day is currently suing tech giant Meta for serious copyright violation. The lawsuit that was submitted on May 30 by his music publishing company which is Eight Mile Style claims that Meta unlawfully shared 243 of his songs on its Facebook, Instagram, and WhatsApp platforms, including hits like "Lose Yourself." According to reports, the songs were made accessible through Meta's "Music Libraries" and were featured in millions of user generated videos through Reels Remix and Original Audio. According to Eight Mile Style, this resulted in billions of illegal streams and massive profits for Meta which did not benefit the legitimate owners. The lawsuit seeks statutory damages of up to $150,000 for each song on each platform for a total of over $109 million. Despite claiming that it was negotiating with Eight Mile Style through Audiam, the publisher maintains that it never gave Audiam per...

Syamsul Yusof win appeal in "Aku Bohsia" copyright suit

Image
Image sources: New Straits Times Sources: Malayan Law Journal , MalayMail (1) , MalayMail (2) and Linkedin  On November 24, 2014, Elias Idris, a writer of the novel Aku Bohsia, claimed that the movie Bohsia: Jangan Pilih Jalan Hitam directed by Syamsul Yusof had many similarities with his story and had copied his work. Elias filed a copyright lawsuit against Yusof Md Aslam (the producer), Syamsul Yusof (actor-director), and Skop Production (film production). He claimed the movie, released in 2009, shared similar plot, character, and message with his novel published in 1995.  However, the defendants, Yusof, Syamsul, and Skop Production are argued they had never seen or read the novel. They said any similarities were just coincidence, as the issue of "bohsia" is a common social problem. They also filed a countersuit against Elias over defamatory articles posted on his blog on November 7 and 16, 2014. The High Court ruled in favour of the defendants and ordered Elias to pay RM1...

Marcus 'Flame' Gray vs Katy Perry (2014)

Image
Flame, a rapper says Perry ripped off his song, but an appeals court ruled that he was seeking an "improper monopoly" over basic musical elements. Picture from Katy Perry's Dark Horse music video Source : Billboard Legal News The top hit 'Dark Horse' by Katy Perry, released in 2014, was claimed to rip off a Christian rapper's song 'Joyful Noise'. The rapper sued Perry over accusations she had lifted a key 'ostinato' (a short series of notes that is repeated throughout a song) from his song and used it prominently in 'Dark Horse'. The case initially went well for Gray, who uses the stage name Flame, resulting a  $ 2 .8 million jury verdict against Perry in July 2019. But then came an influential ruling on 'Stairway to Heaven', which imposed key new limits on how copyrights cover basic aspects of music. Afterwards, Perry's verdict case was overturned in 2020. It was claimed that the 'ostinato' Perry was alleged copyin...

The Great Batik Fraud: Beware of False Heritage When It Enters the Market!

Image
Image by Dewan Budaya Source: New Straits Times The threat to Malaysia's rich batik legacy comes from imitated more than a lack of appreciation. According to a recent report, fake batik is increasing in local marketplaces, particularly from overseas vendors who pass off mass-produced patterns as "authentic Malaysian batik." This is a smack in the face to local craftspeople and a violation of intellectual property, in addition to being a cultural insult. The New Straits Times claims that these knockoff goods, which are frequently imported from China and Indonesia, are sold as authentic Malaysian batik, misleading customers and diminishing the value of genuine craftsmanship. In contrast to batik that is hand-drawn or block-printed, which requires traditional artistry and skills, many of these products are digitally printed fabrics that have nothing to do with Malaysia's cultural heritage. Despite undercutting legitimate makers, they are used at government and corporate...

Astro Wins Big in Court Over Illegal Football Streaming (Businesses, Take Note!)

Image
PICTURE SOURCE FROM GOOGLE Source: FreeMalaysiaToday Astro has been on a winning streak lately and not just with their content. In a string of legal victories, Astro has successfully taken legal action against several pubs and eateries for illegally streaming English Premier League (EPL) matches. They are not just a slap-on-the-wrist outcome either as the courts have awarded Astro RM75,000 and RM175,000 in statutory damages, setting a serious precedent for copyright enforcement in Malaysia. There was a pub involved for illegally streaming Astro’s premium content without authorization. This resulted in payment of RM75,000 in damages, marking the first-ever statutory damages awarded in a copyright infringement case. In another case, two eateries were fined RM175,000 combined for similar violations. All these decisions reflect a tougher stance against copyright infringement in Malaysia. These decisions make it abundantly evident that illegally streaming paid content is not only dangerous ...