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…
Part 1 of this post provided an overview of the relevant provisions of the AI Act and explored enforcement via Section 823(2) of the German Civil Code. This part 2 will look at enforcement via Section 3a of the German Act Against Unfair Competition, compare the two methods of enforcement and set out some conclusions….
The EU AI Act contains some provisions that have a copyright connection. Examples are the obligation for providers of general-purpose AI models to establish a policy to respect the rights reservation in Art. 4(3) DSM Directive 2019/790 (Art. 53(1)(c) AI Act) and their obligation to provide a sufficiently detailed summary about the content used for…
As we enter a new year, we would like to take this opportunity to pass on our best wishes for 2025 to all of our readers, as well as reflect on developments in copyright over the past year. Last year was another busy one in the copyright world, with an increasing focus on the relationship…
