In its latest opinion, the European Copyright Society has reviewed the German Federal Court of Justice’s (BGH) referral in the Pelham II (a.k.a. Metall auf Metall) case. Although the beginning of the legal dispute dates back to 1999, a quarter century seemed to be not enough to answer all possible questions surrounding the sampling of a…
The purpose of copyright, at its very basic level, finds its normative implementation in the interplay between access to protected works and the protection of the moral and material interest of creators (see Geiger, 2017). The social contract of copyright, which main purpose is to realize a broader collective concern, the access of citizens to…
Part 1 of this post introduced the challenges for copyright associated with generative IP and the legislative developments in this field. This part 2 explores the idea of introducing a statutory license for machine learning purposes for generative AI as a compromise solution to secure a vibrant environment for AI development while preserving the central…
Introduction Generative AI is disrupting the creative process(es) of intellectual works on an unparalleled scale. More and more AI systems offer services that push users’ production capacity for new literary and artistic works beyond unforeseen barriers. Algorithmic tools are gradually colonizing every creative sector, from being able to generate text (i.e., ChatGPT, Smodin), to perform…
This contribution was posted first on 17 January 2023 on The Digital Constitutionalist under the title: Safeguarding the Constitutional Role of Media as Fourth Estate of Democracy: Copyright as a Regulatory Framework for Freedom of Expression and Access to Information Online. In September 2022, the European Commission published its draft European Media Freedom Act…
In this contribution, we look at the future of content moderation after the recent decision of the Grand Chamber of the CJEU of 26 April 2022 on the validity of Article 17 CDSM with regard to freedom of expression. This decision is a crucial turn for a number of reasons, the main one being that…
Part I of this post discussed Grand Chamber judgment on the validity of Article 17 CDSMD and explained the need for a more concrete strategy to meet the challenge of implementing that provision in national laws. This part II discusses the growth of public regulators as a check on the rise of private power in…
This two-part blog post offers both an evaluation of the current regulatory challenge faced by MS implementing Art. 17 CDSMD after the CJEU’s ruling in Case C-401/19, as well as a fresh perspective on tackling the implementation challenge ahead. Part I of this post provides context to our analysis, explaining the need for a more…
Fundamental Rights are the constants in many constitutional orders. They provide stability, continuity in values and encapsulate the normative skeleton of a society. Especially in times of change, they serve as guiding principles for citizens, governments and, if push comes to shove, the judiciary. Amongst the many examples in which fundamental rights have demonstrated their…
The Directive on Copyright in a Digital Single Market (CDSM Directive, see here and here for an overview) is due to be implemented by the Member States of the European Union by 7 June 2021. The 27 Member States have struggled with transposing the CDSM Directive and have so far produced various transposition drafts, many of…
