United Kingdom

AG Opinion, Artificial Intelligence (AI), CDSM Directive, Collective management, Communication (right of), European Union, Legislative process, Round-up, United Kingdom

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

Welcome to the first trimester of the 2024 roundup of EU copyright law (though with a slight delay)! In this edition, we update you on what has happened between January and March 2024 in EU copyright law. Interestingly enough, in this issue you will find quite a bit of UK policy reports. As our regular…

Infringement, Originality, United Kingdom

, (Bristows LLP)/ /Leave a comment

On 19 March 2024, the Court of Appeal handed down its decision on the appeal in the Lidl v Tesco case ([2024] EWCA Civ 262), holding as follows.   First instance (High Court) decision Court of Appeal ruling Copyright infringement Overturned (appeal allowed) Trade mark infringement Upheld (appeal dismissed) Passing off Upheld (appeal dismissed) Trade…

Artificial Intelligence (AI), Exceptions and Limitations, Legislative process, Text and Data Mining (TDM), United Kingdom

(University College London)/ /Leave a comment

The UK’s attempt to deal with generative AI, training data and copyright law has taken yet another turn. On 6 February 2024, in its response to the AI White Paper consultation, the UK government announced that it will drop its plans for a code of practice on copyright and AI – a work it has…

Contract, Digital Single Market, United Kingdom

(University of Glasgow)/ /Leave a comment

Recently, the EU Parliament adopted a resolution calling for new rules to ensure a fair and sustainable music streaming sector for creators. This shows how music creators’ demands for fair remuneration are far from resolved, despite the EU’s efforts to empower them through the adoption of Articles 18 to 22 of the Copyright in the…

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…

Artificial Intelligence (AI), Authorship, European Union, Fair Use, Originality, Text and Data Mining (TDM), United Kingdom, USA

(Potter Clarkson LLP and King's College London)/ /Leave a comment

Copyright protection in machine-generated works is not a new issue for law makers. The traditional concept of human authorship was first challenged with the emergence of photography and this has continued every time a new technology comes about. In the U.S., the case of Burrow-Giles Lithographic Co. v. Sarony, 111 U.S. 53 (1884) extended copyright…

Artificial Intelligence (AI), Authorship, CJEU, European Union, Originality, United Kingdom

(Georgetown University Law Center)/ /2 Comments

Recently, the United States District Court for the District of Columbia, in line with several decisions of the U.S. Copyright Office’s Review Board, found that human creativity is the sine qua non of copyrightability, refusing to register a work lacking human creative involvement or control. In this way, the U.S. jurisprudence embraces the distinction between…

Case Law, Copyright, Originality, Subject matter (copyrightable), United Kingdom

, (Bristows LLP)/ /Leave a comment

The UK High Court has held that Lidl’s rights in the Lidl logo were infringed by Tesco’s Clubcard Price(s) signs ([2023] EWHC 873 (Ch)). Specifically, the court made the following findings. Trade mark infringement – Lidl’s trade mark for the Lidl logo was infringed by Tesco’s Clubcard Price(s) signs, which took unfair advantage of Lidl’s…

Artificial Intelligence (AI), Legislative process, United Kingdom

(Potter Clarkson LLP and King's College London)/ /2 Comments

The UK government has recently announced its plans to introduce a code of practice on copyright and artificial intelligence (AI). The guidance and all supporting documents can be found here. This goes in line with the government’s ten-year National AI Strategy, for the UK to remain a global AI superpower and for AI companies to…