Jurisdiction

Artificial Intelligence (AI), Exceptions and Limitations, Infringement, Text and Data Mining (TDM), USA

(University of Milan)/ /Leave a comment

The two US class actions against Meta   We have previously analysed US class actions against Open AI (here) and Google (here) for unauthorized use of copyright works in the training of generative AI tools, respectively ChatGPT, Google Bard and Gemini. To further develop this excursus on the US case law, in this post we…

Artificial Intelligence (AI), Australia, Legislative process

(Macquarie Law School)/ /Leave a comment

In recent years, copyright departments in governments around the world have been preoccupied with AI’s effects on copyright industries and, more recently, copyright law challenges created for AI industries. What about ‘Down Under’? Which copyright issues has the Australian government been grappling with? Over the last few years, the Australian government has been observing public…

CJEU, European Union, Germany, Software

(Jagiellonian University in Kraków)/ /1 Comment

A loophole in copyright protection? The 2009 directive on the legal protection of computer programs (the Software Directive) grants copyright protection to all forms of expression of computer programs. Its Article 4(1) mentions three exclusive rights. The first is the reproduction right, which covers not only permanent copies but also temporary copies loaded into the volatile…

AG Opinion, Artificial Intelligence (AI), Case Law, Collective management, European Union, Round-up

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

Dear readers, Happy new year! Welcome to the fourth (and last) round up of EU copyright law for 2023! In this edition, we update you on what has happened in the last three months of 2024 in EU copyright law. The end of the year was busy for both the courts and the policy makers….

Bulgaria, CDSM Directive, Digital Single Market, Exceptions and Limitations, Legislative process, Press Publishers ’ Right, Text and Data Mining (TDM)

(Sofia University; Digital Republic)/ /Leave a comment

More than two years after the transposition deadline, and with another infringement proceeding under its belt, Bulgaria is one of the last Member States to now implement the CDSM Directive. On the tail end of a political crisis that forced the country into multiple consecutive early general elections and led to a string of short-lived…

CDSM Directive, Digital Single Market, European Union, Exceptions and Limitations, Text and Data Mining (TDM)

(KU Leuven Centre for IT & IP Law)/ /Leave a comment

Arts. 3 and 4 of the Copyright in the Digital Single Market Directive (CDSMD) introduced two exceptions for Text and Data Mining (TDM) in EU copyright Law. These two exceptions, despite having different objectives, share several similarities, as scholar analysis has shown. One of these common aspects is the requirement of lawful access. Only if…

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

(Maastricht University)/ /1 Comment

In his classic work, ‘Capitalism, Socialism and Democracy’, Josef Schumpeter referred to the ‘waves of creative destruction’ to describe how monopoly rents incentivise entrepreneurs to take risk and innovate. The monopoly rent that the entrepreneur derives from his innovation is short-lived, as another wave of creative destruction soon replaces this wave, and gives way to…

Artificial Intelligence (AI), European Union, Legislative process

(Institute for Information Law (IViR))/ /Leave a comment

On Friday evening, after 38 hours of negotiations, representatives of the European Parliament, EU member states and the European Commission reached a provisional agreement on the proposed AI Act. The deal reached on Friday night now paves the way for the adoption of the AI Act in the first half of 2024, bringing to an…

Brexit, Originality, Subject matter (copyrightable), United Kingdom

, (Bristows LLP)/ /Leave a comment

  THJ Systems Limited & Anor v Daniel Sheridan & Anor [2023] EWCA Civ 1354 concerned many issues but the one of most interesting was the correct legal test to consider whether a copyright work is original. One would think this has been well rehearsed in numerous cases already, but the Court of Appeal decision…