Judge Hellerstein agreed with defendant Uncharted Labs’ motion to dismiss musician Tony Justice’s claim for creation of unauthorized derivative works in outputs of Udio’s AI because the complaint lacked specific allegations. The court granted leave to amend the complaint to add such allegations within 30 days.
But, agreeing with his own ruling in Sony Music Entertainment v. Uncharted Labs, Judge Hellerstein concluded that the complaint stated a DMCA claim for circumvention of access controls on YouTube videos.
The court then dismissed both state law claims under Tennessee Consumer Protection Act and/or Tennessee Common Law as preempted by the Copyright Act.