Blockchain is certainly a hot topic. For creative industries, Blockchain has the potential to improve licensing of rights as well as tracking of infringements. It also has potential in arts funding. Some artists and art organizations have already tried to tokenize art works and artists in order to attract crowd funding. The online platform Maecenas…

In a highly unusual move, the Court of Appeal has set aside the first instance judgment in Nicholas Martin v Julia Kogan [2017] EWHC 2927 and ordered that a new trial take place in the IPEC, but this time before a different judge. In its judgment, Julia Kogan v Nicholas Martin & others, [2019] EWCA…

Using newer forms of Artificial Intelligence (AI), including General Adversarial Networks (GANs), AI machines are increasingly good at emulating humans and laying siege to what has been a strictly human outpost: intellectual creativity. AI machines have composed polyphonic baroque music bearing the “style” of J.S. Bach. “Robot reporters” routinely write news bulletins and sports reports,…

A software development company was held to own the copyright in source code authored by its sole programmer on the basis that the relationship between the parties was one of employer and employee. Case date: 30 July 2018 Case number: [2018] EWHC 1924 (Ch) Court: High Court of Justice of England and Wales, Chancery Division A…

The Finnish market court (Markkinaoikeus) has sided with the producers of the sci-fi feature film ‘Iron Sky‘ in a copyright case (MAO:302/18) concerning rights in that movie. The market court dismissed the claims by animators and visual effects (VFX) technicians who asserted that the producers of the feature film had used the claimants’ copyright-protected works…

The creation of works by artificial intelligence systems (AIS) challenges our perception of creativity and, with it, of eligibility for copyright protection. Examples abound. AIS can autonomously create paintings, literary works, music, or even artificial photos. Were these works created by a human being, their eligibility for copyright protection would not be controversial. However, it…

The Patent and Market Court of Appeal upheld the first instance Court’s judgment, confirming that a motorboat could be protected by copyright as a work of applied art, and that this copyright had been infringed by the defendant. The Court also confirmed that as a starting point copyright always belongs to the physical creator and…

In May, the ECS held their annual summit in Brussels, under the title “EU copyright, quo vadis? From the EU copyright package to the challenges of Artificial Intelligence.” The summit covered many of the hot topics on today’s copyright agenda, including the proposed directive on Copyright in the Digital Single Market. This post, however, focuses…

The legal battle over who has the copyright claim to the pictures taken by a monkey has finally come to an end. The monkey self-portrait (“selfie”) dispute is a series of much discussed legal proceedings concerning photos taken in 2011 by a crested black macaque, Naruto, using equipment belonging to a British tourist (David Slater)…

Have you ever given an idea to a friend, who then weaved that idea into their work? Did you feel that you should be recognised for your idea being included even though what you contributed was rather high level? Two weeks ago, in the UK judgment Nicholas Martin v Julia Kogan [2017] EWHC 2927 (IPEC),…