Day: April 22, 2023

The guardians of Champagne will let no one take the name of the bubbly beverage in vain, not even a U.S. beer behemoth.

For years, Miller High Life has used the “Champagne of Beers” slogan. This week, that appropriation became impossible to swallow.

At the request of the trade body defending the interests of houses and growers of the northeastern French sparkling wine, Belgian customs crushed more than 2,000 cans of Miller High Life advertised as such.

The Comité Champagne asked for the destruction of a shipment of 2,352 cans on the grounds that the century-old motto used by the American brewery infringes the protected designation of origin “Champagne.”

The consignment was intercepted in the Belgian port of Antwerp in early February, a spokesperson at the Belgian Customs Administration said on Friday, and was destined for Germany. Belgian customs declined to say who had ordered the beers.

The buyer in Germany “was informed and did not contest the decision,” the trade organization said in a statement.

Frederick Miller, a German immigrant to the US, founded the Miller Brewing Company in the 1850s. Miller High Life, its oldest brand, was launched as its flagship in 1903.

According to the Milwaukee-based brand’s website, the company started to use the “Champagne of Bottle Beers” nickname three years later. It was shortened to “The Champagne of Beers” in 1969. The beer has also been available in champagne-style 750-milliliter bottles during festive seasons.

No matter how popular the slogan is in the United States, it is incompatible with European Union rules which make clear that goods infringing a protected designation of origin can be treated as counterfeit.

The 27-nation bloc has a system of protected geographical designations created to guarantee the true origin and quality of artisanal food, wine and spirits, and protect them from imitation. That market is worth nearly 75 billion euros ($87 billion) annually — half of it in wines, according to a 2020 study by the EU’s executive arm.

Charles Goemaere, the managing director of the Comité Champagne, said the destruction of the beers “confirms the importance that the European Union attaches to designations of origin and rewards the determination of the Champagne producers to protect their designation.”

Molson Coors Beverage Co., which which owns the Miller High Life brand, said in a statement to The Associated Press that it “respects local restrictions” around the word Champagne.

“But we remain proud of Miller High Life, its nickname and its Milwaukee, Wisconsin provenance,” the company said. “We invite our friends in Europe to the U.S. any time to toast the High Life together.”

Molson Coors Beverage Co. added that it does not currently export Miller High Life to the EU and “we frankly don’t quite know how or why it got there, or why it was headed for Germany.”

Belgian customs said the destruction of the cans was paid for by the Comité Champagne. According to their joint statement, it was carried out “with the utmost respect for environmental concerns by ensuring that the entire batch, both contents and container, was recycled in an environmentally responsible manner.”
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A viral AI-generated song imitating Drake and The Weeknd was pulled from streaming services this week, but did it breach copyright as claimed by record label Universal?

Created by someone called @ghostwriter, Heart On My Sleeve racked up millions of listens before Universal Music Group asked for its removal from Spotify, Apple Music and other platforms.

However, Andres Guadamuz, who teaches intellectual property law at Britain’s University of Sussex, is not convinced that the song breached copyright.

As similar cases look set to multiply — with an uncanny AI replication of Liam Gallagher from Oasis causing buzz — he spoke to AFP about some of the issues being raised.

Did the song breach copyright?

The underlying music on Heart On My Sleeve was new, only the sound of the voice was familiar, “and you can’t copyright the sound of someone’s voice,” Guadamuz said.

Perhaps the furor around AI impersonators may lead to copyright being expanded to include voice, rather than just melody, lyrics and other created elements, “but that would be problematic,” Guadamuz added.

“What you’re protecting with copyright is the expression of an idea, and voice isn’t really that,” he said. 

He said Universal probably claimed copyright infringement because it is the simplest route to removing content, with established procedures in place with streaming platforms.

Were other rights breached?

An AI-generated impersonator may be breaching other laws.

If an artist has a distinctive voice or image, this is potentially protected under “publicity rights” in the United States or similar image rights in other countries.

Bette Midler won a case against Ford in 1988 for using an impersonator of her in an ad. Tom Waits won a similar case in 1993 against the Frito-Lays potato chips company.

The problem, said Guadamuz, is that enforcement of these rights is “very hit and miss” and taken much more seriously in some countries than others.

And streaming platforms currently lack straightforward mechanisms for removing content seen as breaching image rights.

What comes next?

The big upcoming legal fight is over how AI programs are trained.

It may be argued that inputting existing Drake and Weeknd songs to train an AI program may be a breach of copyright, but Guadamuz said this issue was far from settled.

“You need to copy the music in order to train the AI and so that unauthorized copying could potentially be copyright infringement,” he said.

“But defendants will say it’s fair use. They are using it to train a machine, teaching it to listen to music, and then removing the copies,” he said. “Ultimately, we will have to wait and see for the case law to be decided.”

But it is almost certainly too late to stem the flood.

“Bands are going to have to decide whether they want to pursue this in court, and copyright cases are expensive,” said Guadamuz.

“Some artists may lean into the technology and start using it themselves, especially if they start losing their voice.” 
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