European Union

Artificial Intelligence (AI), European Union, Infringement, Legislative process, Text and Data Mining (TDM), USA

, (Luiss Guido Carli University)/ /1 Comment

Introduction Generative AI is disrupting the creative process(es) of intellectual works on an unparalleled scale. More and more AI systems offer services that push users’ production capacity for new literary and artistic works beyond unforeseen barriers. Algorithmic tools are gradually colonizing every creative sector, from being able to generate text (i.e., ChatGPT, Smodin), to perform…

European Union, Exceptions and Limitations, Exhaustion, Infringement

(University of Kent)/ /Leave a comment

Free spaces in copyright law are fundamental. They allow us to use and enjoy copyright works, ultimately supporting the creation of future works. Yet, since the Information Society Directive, European copyright law has preferred to protect and incentivise online business models over creativity. This post reflects on the role of exploiters, namely copyright holders with…

European Union, Exceptions and Limitations, Infringement, Legislative process

(University of Liverpool)/ /Leave a comment

As succinctly noted by Susan Bischoff in a prior post, the ongoing legal saga surrounding the ‘Metall auf Metall’ case continues to yield legal insights. Presently, a new reference from the German Federal Court of Justice (BGH) asks the Court of Justice of the European Union (CJEU) for vital interpretive guidance concerning the parody exception…

AG Opinion, Authorship, Case Law, CDSM Directive, CJEU, Communication (right of), Digital Single Market, European Union, Legislative process, Liability, Originality, Private copying, Round-up, Text and Data Mining (TDM)

(University College London) and (Institute for Information Law (IViR))/ /Leave a comment

Welcome to the third trimester of the 2023 round up of EU copyright law! In this edition, we update you on what has happened between July and September 2023 in EU copyright law. The autumn has started with full speed – the courts and the policy makes have been very active. This round up series…

CJEU, European Union, Exceptions and Limitations, Germany, Infringement

(Morrison Foerster)/ /Leave a comment

In Greek mythology, the saga of Sisyphus personifies relentless and never-ending toil – condemned by the gods to an eternity of pushing a massive boulder up a steep hill, only to watch it roll back down again as he nears the summit. With 24 years of legal proceedings and a dozen court rulings behind them,…

CJEU, Communication (right of), European Union, Exceptions and Limitations, Infringement, Private copying

(NOVA School of Law) and (NOVA School of Law Lisbon)/ /Leave a comment

With the Court of Justice of the EU (CJEU) restarting its activities after the vacation break, we look back to one of the late-summer judgement, standing out for its technical, yet impactful character. In Case C-426/21, the CJEU looked into the complicated relationship between copyright law and online television services. The focus of the case…

Artificial Intelligence (AI), Contract, European Union, Exceptions and Limitations, Text and Data Mining (TDM)

(Centre for IT and IP Law (CiTiP), Faculty of Law, KU Leuven) and (KU Leuven Centre for IT & IP Law)/ /Leave a comment

Introduction The current international legal framework for text and data mining (TDM) is highly disharmonized, showing a variety of approaches that span from completely unregulated to partially and fully regulated. Furthermore, regulation is not uniform, and it addresses relevant stakeholders (creative and content industries, tech firms, users, research, and the public sector) in various ways….

Artificial Intelligence (AI), European Union, Fair Use, United Kingdom, USA

(University of Milan)/ /2 Comments

Introduction: Generative AI regulatory framework There is a huge debate around Generative AI and the need to regulate such disrupting technology (see here and here). Very different approach has been adopted in the European Union, which is going to introduce by the end of 2023 a EU AI Act (here), in the UK, which is…

CDSM Directive, European Union

(NOVA School of Law and Knowledge Rights 21)/ /Leave a comment

In a period when the COVID-19 pandemic is occupying less and less space in the daily news and in our thoughts, with the World Health Organization (WHO) having stated that it “no longer constitutes a public health emergency of international concern”, things may seem to be returning to the normal. This is, of course, a…