Artificial Intelligence (AI), Collective management, European Union, Exceptions and Limitations, Infringement, Text and Data Mining (TDM)

(Institute for Information Law (IViR) )/ /Leave a comment

Once the dust has settled after a difficult lawmaking process, commentators may succumb to the temptation of simply accepting and rubberstamping whatever result has been achieved. After all, much time and effort has been spent on developing the newly adopted rules. The legislator has spoken. It makes perfect sense to explore the full potential of…

Artificial Intelligence (AI), CDSM Directive, CJEU, Collective management, European Union, Legislative process, Round-up, Text and Data Mining (TDM)

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

Slightly overdue, but here comes the first roundup of 2025. The EU courts have issued just one judgment in this trimester, but to make up for it, there have been several interesting policy initiatives. As a reminder, in this post we update you on developments in EU copyright law between January and March 2025 —…

Artificial Intelligence (AI), Brazil, Legislative process, Remuneration (equitable)

, (Brazilian Copyright Institute (IBDAutoral))/ /Leave a comment

Introduction Discussions about copyright have once again returned to the political agenda in Brazil. Various national – and international – regulatory initiatives seek to address the accumulating challenges. Until recently, no significant legislative progress had been made since the enactment of the Brazilian Civil Rights Framework for the Internet (Marco Civil da Internet) and the…

Artificial Intelligence (AI), Authorship, Case Law, USA

(University of Michigan Law School)/ /Leave a comment

On March 18, 2025, the United States Court of Appeals for the District of Columbia Circuit affirmed the denial of Stephen Thaler’s application to register A Recent Entrance to Paradise, a purportedly machine-authored work, holding that the Copyright Act of 1976 “requires all eligible work to be authored in the first instance by a human…

Artificial Intelligence (AI), European Union, Legislative process

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

Last year we reported on the European AI Office facilitating the drawing-up of the General-Purpose AI Code of Practice (the “Code”). The first draft of the Code was published on 14 November 2024. Our article on the first draft of the Code can be found here. This blog post is to report on the updates…

New Zealand, Ownership

(New Zealand Centre for Intellectual Property, Faculty of Law, University of Auckland)/ /Leave a comment

In March 2025 the New Zealand Supreme Court confirmed that copyright is relationship property, to be divided accordingly when a qualifying relationship ends. This decision has significant implications for copyright practice in New Zealand, and jurisdictions with similar regulatory frameworks for IP and family property (like the United Kingdom).   Background As recounted by Lyall…

Case Law, Design Rights, European Union, Germany, Originality

(University College Dublin)/ /Leave a comment

In a decision of 20 February 2025 the German Federal Supreme Court (BGH) denied copyright protection as a work of applied art for two sandal designs. The ruling clarifies the scope of protection under German and EU law for works of applied art. According to the BGH, works of applied art enjoy protection if they…

Artificial Intelligence (AI), European Union, Text and Data Mining (TDM)

(Blue Dragon Institute)/ /Leave a comment

The debate on the use of copyrighted material to train generative AI models is evolving, shifting its focus from whether compensation is due to creators, to determining the structure and specifics of a remuneration system. The discussion seems to be focused on a number of remuneration schemes, three of which deserve special attention. First, an…

CJEU, Digital Single Market, European Union, Exceptions and Limitations, Exhaustion

(University of Cyprus)/ /Leave a comment

The concept of lawfulness in relation to user status or user acts has been gradually established in EU digital copyright law as a condition for the enjoyment of certain copyright exceptions. However, the concept has proliferated inconsistently, lacking a clear normative content and shape. There is variant terminology: “lawful acquirer of a computer program” or…