Recently, there has been a lot of suggestions that the U.S. Copyright Office is registering “AI-generated works.” Nonetheless, these are not actually AI-generated works, nor are they breakthrough decisions. The U.S. Copyright Office has already registered hundreds of works related to AI-generated material – the key to obtaining registration is to specify AI-generated elements in…
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…
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 —…
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…
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…
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…
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…
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…
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…
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…
