Top 10 Posts on the Kluwer Copyright Blog in 2024
…the same image to illustrate an article on a different website without permission. Plaintiff then sued Defendant in the BIC. 3. EU law: Generative AI, copyright infringements and liability…
Search Results for: article 17
CDSM Directive, Digital Single Market, European Union, Exceptions and Limitations, Netherlands, Press Publishers ’ Right
DPG Media et al vs. HowardsHome – A national ruling on DSM’s press publishers’ rights and TDM exceptions
…noteworthy for its assessment of the TDM exception under Article 15o of the Dutch ‘Auteurswet’ (implementing Article 4 of the DSM Directive). This is especially significant given the limited guidance…
German news on the EU liability concept for indirect infringers of copyright: A push forward by the BGH for communication to the public – and a step back for reproduction
…– My guess for a hot topic in 2024). This article is an edited version of a German article by the author in the German law journal Gewerblicher Rechtschutz…
Artificial Intelligence (AI), Case Law, CDSM Directive, CJEU, Digital Single Market, European Union, Legislative process
EU copyright law roundup – fourth trimester of 2024
…on copyright exploitation contracts, Streamz and Others (C-663/24) on fair remuneration of authors and performers on online streaming platforms and Austro-Mechana (C-579/24) on the scope of Article 17. Stay tuned!…
Sealing the Exhaust Valve
…of the InfoSoc Directive 2001/29/EC confirms, exhaustion only pertains to “the exclusive right to control distribution of the work incorporated in a tangible article.” A sentiment likewise echoed by Recital…
Report on a roundtable on academic publishing and genAI deals – GenAI and copyright series at the Institute of Brand and Innovation Law
…materials in large language model (LLM) training vs retrieval-augmented (RAG) models (where they certainly would be). Therefore, the EU AI Act’s commitment to transparency (Articles 53(1)(c) and (d); see more…
First draft of the General-Purpose AI Code of Practice has been released
…particular to identify and comply with, including through state-of-the-art technologies, a reservation of rights expressed pursuant to Article 4(3) of Directive (EU) 2019/790”. Article 53(1)(d) adds that the Providers should…
A first look at the Spanish proposal to introduce ECL for AI training
…1(1) and Article 2(1) of the draft royal decree). The rightholders would benefit from the safeguards provided for in Article 12 of the DSM Directive (see Article 1(1) and Article…
Rowing nowhere? Long awaited IPEC judgment confirms UK law on works of artistic craftsmanship is incompatible with EU law
…consequences of the poorly worded s.51 CDPA, which in essence prevents copyright in a functional non-artistic article being infringed unless it is it is an ‘artistic’ work’, the Claimant needed…
Artificial Intelligence (AI), CDSM Directive, Digital Single Market, European Union, Legislative process, Text and Data Mining (TDM)
Copyright, the AI Act and extraterritoriality
…particular to identify and respect, including through state-of-the-art technologies, the reservations of rights (i.e. “opt-out”) expressed pursuant to Article 4(3) CDSMD. The second obligation, in Article 53(1)(d), states that these…