Addressing legal issues with the latest technological developments and social media trends.
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A recent U.S. Supreme Court decision may have substantial effects on social media censorship. Based on their content-moderation policies, social media platforms have taken actions to suppress certain categories of speech, such as speech deemed false and misleading. This movement was amped up during 2020 with the outbreak of COVID-19 and election season. During that time, federal officials regularly spoke with social media platforms regarding the misinformation circulating throughout respective platforms.

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The National Collegiate Athletic Association (NCAA) has historically been afforded a wide berth to implement and enforce its rules under the auspices of protecting the “revered tradition of amateurism” in college athletics. For decades, it relied on this principle as a means to enforce its prohibition on college athletes receiving compensation when faced with legal challenges and public calls for reform.

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In late June, Universal Music Group (UMG) Records, Sony Music Entertainment, and other major record labels filed two complaints against two generative artificial intelligence (“gen AI”) music startups, Suno, Inc. (Suno) and Uncharted Labs, Inc. (Udio). The concurrently filed complaints allege that the gen AI technology produced by Suno and Udio directly infringes on copyrights owned by these record labels.

Colleagues Shani Rivaux, Macarena Fink and Catherine Perez provide a briefing on these complaints in their recently published client alert, “Legal Riffs: Music Industry Alleges AI Is Out of Tune.”

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voice-cloning-1742823752-300x178Global music superstar Taylor Swift began her music career in Nashville, so we thought it fitting that on July 1, with the end of the Eras Tour in sight, the Ensuring Likeness Voice and Image Security (ELVIS) Act went into effect in Tennessee. This marks the latest front in the effort to navigate the interplay between the capability of generative AI and the Right of Publicity for music and voice artists alike.

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In May 2024 the UK passed the new Digital Markets, Competition and Consumers Act (DMCC). Amongst other changes, the DMCC grants the UK Competition and Markets Authority (CMA) new powers to directly impose fines of up to 10% of a business’s global turnover for consumer protection breaches and to issue notices requiring changes to online interfaces, significantly enhancing the CMA’s enforcement capabilities.

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A new report issued in May 2024 by the Centre for European Policy Studies (CEPS), an independent thinktank, is the latest development to cause concerns over the EU-U.S. Data Privacy Framework (DPF), predicting that it will likely fail if challenged before the Court of Justice of the European Union (CJEU).

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In this week’s edition of Consumer Protection Dispatch, we look at the latest regulatory developments from the U.S. Department of Commerce, Consumer Financial Protection Bureau, and the Securities and Exchange Commission regarding data and AI.

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On May 23, the House Subcommittee on Innovation, Data and Commerce advanced out of committee the American Privacy Rights Act (APRA), a draft piece of legislation to establish a federal data privacy standard in the United States. The legislation now moves to the full Energy and Commerce Committee for markup. Several changes were made in the draft legislation during the markup process, but the section containing a groundbreaking set of private right of action remains unchanged.

In the Cybersecurity Law Report, colleagues Jeewon K. Serrato, Shruti Bhutani Arora and Christine Mastromonaco discuss the details of the APRA’s private right of action, the remedies available to individuals and the preemptive effect of the APRA.

Click here to read the full article.

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(The Consumer Protection Dispatch summarizes industry news and updates on emerging issues involving a variety of consumer protection issues including, but not limited to, data and AI.)

This week’s edition includes latest developments relating to AI laws passed by Colorado, Tennessee and Utah, U.S. Senate bipartisan working group on AI, a new privacy bill from Vermont and a new privacy law from Maryland, a new Colorado law protecting neural data, and updates from the California Privacy Protection Agency.

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In a landmark decision, the U.S. Supreme Court confirmed that “[t]he Copyright Act entitles a copyright owner to obtain monetary relief for any timely infringement claim, no matter when the infringement occurred.” See Warner Chappell Music Inc. et al. v. Sherman Nealy et al., Case No. 22-1078 (May 9, 2024). The three-year statute of limitations in the Copyright Act does not bar copyright owners from recovering damages for infringement occurring more than three years ago if the lawsuit is filed within three years of discovering the infringement.

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