The threshold of originality is a concept in copyright law that is used to assess whether a particular work can be protected by copyright. It is used to distinguish works that are sufficiently original to warrant copyright protection from those that are not.
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…
This post is based on the chapter “Audiovisual Coverage of Sports Events and Copyright Law: Originality in the Details?” 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. The principle of non-protection of football matches…
This post is based on the chapter “Audiovisual Coverage of Sports Events and Copyright Law: Originality in the Details?” 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. The economic value of football broadcasting has…
European and international policymakers have raised how artificial intelligence (AI) interacts with intellectual property (IP) law on several occasions. Nonetheless, before any policy and law-making endeavour can be undertaken, a fitness test of the existing IP framework is indispensable. Recent discussions have focused on AI-aided and AI-generated output, concentrating on whether an AI system can…
On 29 October 2021, the UK Intellectual Property Office launched a public consultation looking at how the copyright and patent regimes should deal with artificial intelligence. The UKIPO underlines the crucial role played by AI when it comes to innovation and creativity. With this consultation, the Office seeks to assess whether the current IP…
