On November 27, 2023, the Beijing Internet Court (BIC) ruled in an infringement lawsuit (Li v. Liu) that an AI-generated image is copyrightable and that a person who prompted the AI-generated image is entitled to the right of authorship under Chinese Copyright Law (see our bilingual version, and the later-released official translation). Plaintiff generated an…

In a statement made on 12 October 2023, the French collecting society Sacem, which represents most authors/composers and publishers of music in France, announced that it is opting out of machine learning training for the works in its repertoire. Sacem explains that it is basing its opt-out from generative AI systems on Article L122-5-3 of…

New year’s fatigue? Or possibly AI fatigue? But the new year has only just begun! It does seem like the topic of AI and copyright was everywhere in the copyright world last year. While some digital topics have been known to cause a great commotion in copyright circles only to later sink practically without a…

The ongoing Artificial Intelligence (AI) revolution has machine learning models at its core. Contrary to classic computer programs written by developers, many of these models rely on vast artificial neural networks trained in giant amounts of data. In general, they use what is called a transformer architecture. No one individually writes or encodes these models;…

The two US class actions against Meta   We have previously analysed US class actions against Open AI (here) and Google (here) for unauthorized use of copyright works in the training of generative AI tools, respectively ChatGPT, Google Bard and Gemini. To further develop this excursus on the US case law, in this post we…

In recent years, copyright departments in governments around the world have been preoccupied with AI’s effects on copyright industries and, more recently, copyright law challenges created for AI industries. What about ‘Down Under’? Which copyright issues has the Australian government been grappling with? Over the last few years, the Australian government has been observing public…

Dear readers, Happy new year! Welcome to the fourth (and last) round up of EU copyright law for 2023! In this edition, we update you on what has happened in the last three months of 2024 in EU copyright law. The end of the year was busy for both the courts and the policy makers….

Setting the Scene Much ink has been spilled on the legal discourse surrounding generative AI (GenAI) and copyright. In this post, the focus is on the unlicensed use of copyright-protected works in the context of training GenAI models, where such use could jeopardise the market for those particular expressions (see Sobel). Several copyright lawsuits have…

In his classic work, ‘Capitalism, Socialism and Democracy’, Josef Schumpeter referred to the ‘waves of creative destruction’ to describe how monopoly rents incentivise entrepreneurs to take risk and innovate. The monopoly rent that the entrepreneur derives from his innovation is short-lived, as another wave of creative destruction soon replaces this wave, and gives way to…

On Friday evening, after 38 hours of negotiations, representatives of the European Parliament, EU member states and the European Commission reached a provisional agreement on the proposed AI Act. The deal reached on Friday night now paves the way for the adoption of the AI Act in the first half of 2024, bringing to an…