The Council of the EU has recently adopted conclusions on research assessment and implementation of open science (the ‘conclusions’). Adopted in June 2022, the three areas covered by the conclusions are: (I) Reform of research assessment systems in Europe; (II) European approach and capacities for academic publishing and scholarly communication; and (III) Development of multilingualism…

The last couple of years has seen the emergence of Non-Fungible Tokens (NFTs) as an important medium for the creation, sale and collection of art, with numerous instances of big money purchases of NFTs. NFTs began as a sub-culture of sorts for artists to sell work in a digitised format, but they are now increasingly…

Introduction The Intellectual Property Enterprise Court (IPEC), part of the English High Court, has ruled that copyright subsists in the character of Derek ‘Del Boy’ Trotter and that a character can be protected as a literary work under the UK’s closed list of copyright works ([2022] EWHC 1379 IPEC). That copyright was found to have…

This year we have seen an influx of educational events dedicated to everything digital. In particular, non-fungible tokens (NFTs), crypto and metaverse have dominated our infospace. June was no exception. Last Wednesday, Fide (a legal-economic think-tank) held the latest in their series of Global Digital Encounters (GDE) – an online panel discussion focusing on the…

Last month, the Internal Market Committee of the European Parliament endorsed the provisional agreement previously reached with EU governments on the Digital Services Act (DSA). The DSA, together with its sister proposal on the Digital Markets Act (DMA), sets standards for a safer and more open digital space for users and a level playing field…

Introduction On 23 February 2022, the European Commission (EC) published a Proposal for a ‘Regulation on harmonised rules on fair access to and use of data (Data Act)’. This legal instrument will horizontally set rules applicable to the relationship between manufacturers and users of Internet of Things (IoT) devices. The Data Act Proposal assigns users…

This is the second installment of a reflection on the topic of content moderation and bias mitigation measures in copyright law. The first part of this post briefly discussed the concept of bias and examined the role of property rights in data and factual information, with a focus on copyright. This second part explores the…

Introduction This two-part blog post offers a reflection on the topic of content moderation and bias mitigation measures in copyright law. It explores the possible links between conditional data access regimes and content moderation performed through data-intensive technologies such as fingerprinting and, within the realm of artificial intelligence (AI), machine learning (ML) algorithms. More specifically,…

In this contribution, we look at the future of content moderation after the recent decision of the Grand Chamber of the CJEU of 26 April 2022 on the validity of Article 17 CDSM with regard to freedom of expression. This decision is a crucial turn for a number of reasons, the main one being that…

The Austrian Supreme Court held that YouTube – as a host service provider – was not responsible for copyright infringements by its users as long as it was not put on notice of the infringements (17. 9. 2021, 4 Ob 132/21x). For monetizing uploaded videos, the uploading user has to confirm that they have read…