The creation and development of copyright law are closely connected to technological and associated business transformations (see, e.g. here). It is therefore not surprising that progress in AI technologies and their deployment in the creative sector creates new opportunities and challenges for the law, creators (authors and performers), and rightsholders. What is perhaps different with…

In this second post on the Swedish proposal for implementation of Article 17, I look at provisions explicitly concerning users of services. Whilst certain user safeguards are already embedded in the liability regime (Part 1), the Swedish Ministry of Justice goes the extra mile and proposes to comprehensively address user interests in the text of…

As promised in an earlier contribution, I will provide a more reasoned exploration of the Swedish proposal to Article 17 DSM Directive in view of the fact that the Ministry of Justice did not opt for the copy-paste implementation technique. In this first post, out of two, I will address the proposed liability regime. The…

Original Beauty Technology Company Limited & others v G4K Fashion Limited & others, [2021] EWHC 3439 (Ch) The High Court has recently awarded £450,000 in damages to a successful claimant in a dispute about unregistered design rights in clothing. Unregistered design rights in the UK are a unique right that often catch designs that fall…

In the recent case of Estonian Performers Union (EEL) v vs. MTÜ Urban Style, the Estonian Supreme Court examined the circumstances that should be taken into account in determining the amount of the equitable remuneration that phonogram producers and performers are entitled to claim if a phonogram published for commercial purposes or a reproduction thereof…

Europol and the European Union Intellectual Property Office (EUIPO) have recently jointly published an Intellectual Property Crime Threat Assessment. This report explores piracy and counterfeiting and is based on data from across the EU as well as Europol’s operational information. The report concludes that piracy and counterfeiting continue to pose a serious threat to the…

After two years of virtual-only meetings owing to the pandemic, on Friday 27 May 2022, the European Copyright Society (ECS) will gather in-person in Nottingham to discuss the constitutional turn and evolution of copyright law over the past few years, highlighting its influences from and interrelation with human rights law and related aspects such as…

Because the artists who would form part of the class had entered into licensing agreements with varying terms, individual issues would prevail over common questions. A district court improperly certified a class of songwriters and artists whose allegedly unlicensed performances can be downloaded and listened to from a popular music memorabilia website, the U.S. Court…

Last week the European Commission published its proposal for a Data Act. The proposal is the second major element of the European Data Strategy presented in 2020 and complements the Data Governance Act that is expected to be formally adopted this spring. As expected, the proposed Data Act introduces rules strengthening user access and portability…

Readers of this blog will be familiar with the English High Court’s strong track record in issuing injunctions to compel internet service providers (“ISPs”) to block access to copyright-infringing websites.  In the latest such order issued by the High Court (on 3 February 2022), one of the target websites was a cyberlocker hosting movies and…