CDSM Directive, Digital Single Market, European Union, Exceptions and Limitations, Netherlands, Press Publishers ’ Right

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Introduction The 2019 Copyright in the Digital Single Market (DSM) Directive is a complex legislative text that raises several questions of legal interpretation. Increasingly, these questions are making their way to national courts. A recent example is the Dutch case ruled upon by the Amsterdam District Court (“the court”) on 30 October 2024. The plaintiffs…

Case Law, Communication (right of), Germany, Infringement, Liability

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There is news from Germany on the EU liability concept for indirect infringers. The German Federal Supreme Court (Bundesgerichtshof – BGH) has ruled on the liability of online marketplaces for copyright infringement by their users when uploading copyright infringing photographs. This is the BGH judgment of 23 October 2024 – I ZR 112/23 – Manhattan…

Artificial Intelligence (AI)

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In a recent chapter, Ryan Abbott and Elizabeth Rothman present the utilitarian argument for granting copyright in AI-generated works (hereafter AIGW). Aspects of their argument also find expression in the recently launched UK Intellectual Property Office (UKIPO) consultation on AI.  In response, this post outlines my scepticism. The utilitarian arguments supporting copyright in AIGW are…

Artificial Intelligence (AI), Case Law, CDSM Directive, CJEU, Digital Single Market, European Union, Legislative process

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

Now that 2024 is behind us, it’s time to report on the fourth trimester. Here is our final roundup of that AI-rich year. This post marks the fourth year of running this series on our blog. In it, we provide updates on key developments in EU copyright law from October to December 2024, covering everything…

Distribution (right of), Exhaustion, France, Infringement

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On 23 October 2024, the five-year dispute between Valve and UFC-Que Choisir has come to a close. With the French Supreme Court upholding the Paris Court of Appeal’s decision, and ruling that consumers cannot resell digital copies of videogames distributed online. Putting the final seal on the question of digital exhaustion in France, and ending…

Collective management, Czech Republic, Netherlands, Slovakia

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This post was first published on the Europeana Pro website.   The out of commerce works ‘legal solution’ simplifies rights clearance, helping cultural heritage institutions to make materials from their collections that are not in commercial circulation available online. In some circumstances, it requires concluding a licence with a collective management organisation – Europeana Copyright…

CJEU, European Union, Legislative process

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Ministers from six European countries (Belgium, Denmark, Finland, France, The Netherlands and Sweden) have written a joint letter to the European Commission regarding the need for a legislative proposal on rules and boundaries of international application of EU law on copyright and neighbouring rights. The English version of the letter is available here. The letter…

Artificial Intelligence (AI), Brexit, Text and Data Mining (TDM)

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Being an academic is a vocation. We are not in it for the money (hopefully), but mostly (hopefully) for the impact that we can make on our students’ and colleagues’ lives, as well as to contribute to the process of healthy law and policy-making. It is a job with lots of responsibility, joys, surprises and…

Artificial Intelligence (AI), European Union

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

The European AI Office is currently facilitating the drawing-up of the General-Purpose AI Code of Practice (the “Code”). The European Commission published the first draft of the Code on 14 November 2024. Further drafts are to be prepared, with the final version of the Code forecast to be released by 2 May 2025, in accordance…

Artificial Intelligence (AI), Copyright, Legislative process, Spain, Text and Data Mining (TDM)

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A few weeks ago, the Spanish Ministry of Culture released a legislative proposal aimed at introducing extended collective licensing (ECL) for the development of general-purpose AI models. The first of its kind, the “Draft Royal Decree to regulate the granting of extended collective licenses for the massive exploitation of works and other subject matter protected…