Legislative process

Artificial Intelligence (AI), European Union, Exceptions and Limitations, Fair Use, Legislative process, Liability, Text and Data Mining (TDM), USA

(Institute for Information Law (IViR))/ /2 Comments

TLDR   Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive. In particular,…

AG Opinion, Case Law, CDSM Directive, CJEU, Communication (right of), Contract, European Union, Exceptions and Limitations, Legislative process, Private copying, Reproduction (right of)

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

Welcome to the first trimester of the 2023 round up of EU copyright law! In this edition, we report on an AG Opinion that came out late in 2022 and update you on what has happened in the first trimester of 2023 in EU copyright law. This includes Court of Justice (CJEU) and General Court…

CJEU, Design Rights, European Union, Legislative process, Originality

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This post is based in part on the Position Statement of the Max Planck Institute for Innovation and Competition of 23 January 2023 on the ‘Design Package’, but expresses the authors’ own personal views.     On 28 November 2022, the EU Commission published proposals for amendment of the Design Regulation and for recast of…

Bulgaria, CDSM Directive, CJEU, Denmark, Digital Single Market, European Union, Finland, Latvia, Legislative process, Poland, Portugal

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The European Commission has referred six Member States (Bulgaria, Denmark, Finland, Latvia, Poland and Portugal) to the Court of Justice of the European Union (CJEU) for failure to notify complete transposition measures on copyright in the Digital Single Market (Directive (EU) 2019/790) (CDSM Directive). This follows its decision last year to send reasoned opinions to 13…

CDSM Directive, Digital Single Market, Greece, Legislative process, Press Publishers ’ Right

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Introductory remarks The Greek legislator transposed Directive (EU) 2019/790 (CDSMD) with considerable delay, enacting L. 4996/2022 in November 2022 (ΦΕΚ Α´ 2022/24.11.2022), which amended the basic Greek Copyright Law (L. 2121/1993 on “Copyright, Related Rights and Cultural Matters”) as well as L. 4481/2017 on “Collective Management of Copyright and Related Rights” (ΦΕΚ Α’ 100/20.7.2017). Among…

Artificial Intelligence (AI), Authorship, European Union, Legislative process, Originality

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Works generated through complex AI systems, such as machine learning and text-to-image generation models, have recently stirred up many discussions and even given rise to lawsuits (here and here). Voices emerged questioning whether current EU copyright laws should be amended in light of the many AI-generated works that have come about. One important question has…

Brazil, Exceptions and Limitations, Legislative process, Text and Data Mining (TDM)

(Brazilian Copyright Institute (IBDAutoral)) and (Centre for IT and IP Law (CiTiP), Faculty of Law, KU Leuven)/ /Leave a comment

Introduction: Brazilian Copyright Framework and the existing L&Es Brazil has signed most Intellectual Property (IP) law Treaties, but notably it has not adhered to the WIPO Copyright or the WIPO Phonogram and Performance Treaties. The main national legal instrument for copyright is the Brazilian Copyright Law (Law n. 9.610/98), which is complemented by the software…

CDSM Directive, CJEU, Digital Single Market, Exceptions and Limitations, Germany, Legislative process

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Part I of this post discussed the changes to copyright contract law and the new text and data mining exemption provisions that formed part of the 2021 copyright law reform. Part 2 explores further exemptions for users of works, new aspects of the right of communication to the public and the press publishers’ right. It…

CDSM Directive, Digital Single Market, European Union, Germany, Legislative process, Text and Data Mining (TDM)

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In the last year, the German Copyright Act has experienced what is probably its most substantial reform since it first came into force in 1966. The reason for this was the implementation of the DSM Copyright Directive 2019/790/EU (DSMD) and Directive 2019/789/EU (Online SatCab Directive). Secondly, the legislature felt obliged, in response to certain CJEU…

Case Law, CDSM Directive, CJEU, Digital Single Market, European Union, Legislative process

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As we enter a new year, we would like to take this opportunity to pass on our best wishes for 2023 to all of our readers, as well as reflect on developments in copyright over the past year. Last year was another busy one in the copyright world, with ongoing European copyright reform, a number…