I. Introduction Not long ago, artificial intelligence (“AI”) was a concept brought to life by human actors – whether through Scarlett Johansson’s voice in Her (2013) or as Alicia Vikander’s eerie humanoid presence in Ex Machina (2014). Today, the roles have reversed: it is AI that is creating on-screen performances that appear convincingly human. From…
The debate on whether works protected by copyright can be used for the training of artificial intelligence (AI) has reached India. While dozens of US District Courts are currently grappling with the question of whether AI training with protected works constitutes fair use, the UK High Court is largely grappling with jurisdictional questions, and EU…
This week, COMMUNIA released a new report detailing unfair practices in the licensing of digital resources to libraries (as a PDF file). This report describes contractual practices identified by licensing managers from public and academic libraries across Europe during a meeting organised by COMMUNIA under the Chatham House Rule. The report also contains clauses from…
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…
