It seems inevitable that UK copyright law will change at some stage. It increasingly appears that judges are waiting for a case which requires the inconsistencies between EU and UK copyright law to be addressed. Unfortunately, the recent decision in WaterRower v Liking [2022] EWHC 2084 (IPEC) was not that case, despite many reporting in…

Introduction The Intellectual Property Enterprise Court (IPEC), part of the English High Court, has ruled that copyright subsists in the character of Derek ‘Del Boy’ Trotter and that a character can be protected as a literary work under the UK’s closed list of copyright works ([2022] EWHC 1379 IPEC). That copyright was found to have…

An interesting case recently decided by the Italian Supreme Court (Corte di Cassazione) has focused on whether the slogan “500% FIAT” can be protected by copyright (decision No. 8276/2022, published on 14 March 2022). The dispute was started by the author of the slogan against the Italian carmaker FIAT. The author had registered the slogan…

This post is the second instalment of an analysis of a recent report, a part of the reCreating Europe project, on the application of EU copyright and related rights law to outputs generated by or with the assistance of artificial intelligence (AI) systems, tools or techniques (AI outputs), with a focus on outputs in the…

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…

Running from 29 October 2021 to 7 January 2022, the “Artificial Intelligence and IP: copyright and patents” consultation formed the latest round in an ongoing national conversation between the UK Intellectual Property Office (UKIPO) and interested stakeholders (see here). It followed the UKIPO’s previous, more exploratory inquiry into anticipated interactions between IP protection across the…

The buzz around AI-generated outputs seems to never stop. While the field is rich on exaggerated claims, there are certain domains that have seen a genuine revolution fueled by AI. One such field is journalism. In the past years, sophisticated AI algorithms have become a meaningful assistant in the European news industry. Going beyond mere…

Fashion is an industry largely led by seasonal trends. Status-conferring new designs are being launched bi-annually, during the Autumn/Winter and Spring/Summer fashion shows, to meet the needs of our capitalistic society. Even though fashion designs are often inspired by the prior art, seasonal trends precondition innovation – new design themes that make the highly desirable…

This post is based on the chapter “The Football Game as a Copyright Work” in Natalie Helberger, Joost Poort, Martin Senftleben, Mireille van Eechoud, Stef van Gompel (eds.). Intellectual Property and Sports: Essays in Honour of P. Bernt Hugenholtz, Kluwer Law International, 2021. It derives from a paper given at the 25th Anniversary celebration of…

This post is based on the chapter “The Football Game as a Copyright Work” in Natalie Helberger, Joost Poort, Martin Senftleben, Mireille van Eechoud, Stef van Gompel (eds.). Intellectual Property and Sports: Essays in Honour of P. Bernt Hugenholtz, Kluwer Law International, 2021. It derives from a paper given at the 25th Anniversary celebration of…