Introduction Part 1 analysed an Italian case related to the copyright protection of a “floral fractal” generated via machine-learning (see RAI vs Biancheri). Even more recently, another case dedicated to protection of AI generated visual art has been decided by the United States District Court for the District of Columbia (Thaler vs Perlmutter, Civil Action…

Introduction One of the main contentious points when artificial intelligence, deep learning or machine learning (for the distinction between these functionalities, see here) are used for generating creative works is the question of attribution of works to an author, usually a human who has used the tech tool with some level of involvement in the…

Introduction The current international legal framework for text and data mining (TDM) is highly disharmonized, showing a variety of approaches that span from completely unregulated to partially and fully regulated. Furthermore, regulation is not uniform, and it addresses relevant stakeholders (creative and content industries, tech firms, users, research, and the public sector) in various ways….

Introduction: Generative AI regulatory framework There is a huge debate around Generative AI and the need to regulate such disrupting technology (see here and here). Very different approach has been adopted in the European Union, which is going to introduce by the end of 2023 a EU AI Act (here), in the UK, which is…

Welcome to the second trimester of the 2023 round up of EU copyright law! In this series, every three months we update you on what has happened in EU copyright law. This includes Court of Justice (CJEU) and General Court judgments, Advocate Generals’ (AG) opinions, and important policy developments. You can read the previous round-ups…

My university, like so many others, is offering prompt engineering lessons to both students and faculty. The same is true at high schools around the world from what I can see. Cool professors have already modified their exams to ask students to write a prompt that could be submitted to a Large Language Model (LLM). …

The booming industry of generative artificial intelligence (AI) is facing its first regulatory attempt in China. On April 11th, the Cyberspace Administration of China released a draft of the Regulation for Generative Artificial Intelligence Services (the ‘draft Regulation’) for public consultation, which includes 21 articles detailing the proposed regulatory framework for the generative AI industry….

Recently, the German photographer Boris Eldagsen won a prestigious Sony World Photography Awards competition. After the winner was announced, the photographer disclosed that the image he submitted to the photography competition was generated through the use of an AI system and refused to accept the award. This has provoked a public discussion on whether AI…

TLDR   Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive. In particular,…

A series of recent amendments to copyright law, including in the EU Copyright and the Digital Single Market Directive (Art. 3 and 4) and in Singapore’s new Copyright Act (Art. 243, 244), seek to protect the ability of text and data mining researchers to use copyrighted content in their work. “Text and data mining” (“TDM”)…