We have so far seen a considerable (and increasing) discussion on AI and copyright infringement, especially in terms of how current exceptions such as TDM and fair use apply and whether new exceptions or remuneration models are needed. One question on which there has been little discussion is whether the reproduction right is triggered when…
Welcome back for the second part of the C-590/23 Pelham II hearing commentary. In part one (here), we covered the interpretation of pastiche. However, a very interesting topic arose in the Court’s pre-emptive questions, and during the oral questions: the interaction of “pastiche” with Article 17 CDSM Directive. This was not originally part of the…
On 14 January 2025, the Court of Justice of the European Union (CJEU) heard oral arguments in the much-anticipated case C-590/23 Pelham II, where the German Federal Court submitted a request for preliminary ruling on the interpretation of “pastiche”. The purpose was to ascertain whether a two-second sample from a phonogram could fall under the…
Background This blog post follows a previous post that discussed what constitutes “open source” AI, in particular in light of the EU AI Act. This post continues the discussion, in particular in light of the revision of the Open Source AI Definition (“OSAID”) released at the end of 2024, a welcome step in clarifying and…
In Noel Redding Estate Ltd & Anor v Sony Music Entertainment UK Ltd [2025] EWCA Civ 66, the Court of Appeal has dismissed an appeal against the High Court’s refusal to grant summary judgment or strike out copyright and performers’ rights claims regarding the exploitation of the studio albums of eponymous rock band, the Jimi…
In the first part of this blog, we explored the structure of formalised copyright councils, finding that efforts to ensure balance between the interests of rightsholders and users were the exception not the rule. Furthermore, it was only in a small minority of cases that the representation of research was formalised. Part 2 explores experience…
The interests of research are not necessarily heard or represented when decisions are being made about copyright laws that affect them. Both permanent and temporary consultation structures more often than not fail to ensure that there is a channel open for this. Part one of this two-part blog introduces the issues and looks at the…
In a recent decision, the UK IPEC has considered whether the format of a comedy show can be protectable as a dramatic work in copyright. The claim was brought by Joshua Rinkoff (the “Claimant”) for copyright infringement of a comedy show he wrote, produced and acted in called “Shambles”. The premise of the show was…
The government will have to pay the software developer only $150,000 for its infringement. The U.S. Navy will be required to pay just over $150,000 in damages for its installation of virtual reality software on nearly 500,000 computers without authorization, the U.S. Court of Appeals for the Federal Circuit has held. The court of appeals,…
The European Copyright Society (ECS) has published its Opinion on copyright and generative AI. The Executive Summary is reproduced below and the full Opinion is available here and here. Executive Summary The ECS considers that the current development of generative artificial intelligence (AI), under the regulatory framework set up by the Directive on Copyright…
