Contract

Artificial Intelligence (AI), Contract, European Union, Exceptions and Limitations, Text and Data Mining (TDM)

, (Centre for IT and IP Law (CiTiP), Faculty of Law, KU Leuven)/ /Leave a comment

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….

CDSM Directive, Contract, Digital Single Market, Exceptions and Limitations, Legislative process, Liability, Portugal, Press Publishers ’ Right

(Universidade Católica Portuguesa) and (NOVA School of Law Lisbon)/ /Leave a comment

The belated Portuguese transposition of the CDSM Directive was finally published in the Portuguese Official Journal (Diário da República) on the 19th of June 2023. The approved Decree-Law 47/2023 to a large extent corresponds to a legislative project (Project 52/XV), which, in turn, was a variation of a previous project (Project 114/XIV) that failed due…

Authorship, CDSM Directive, Contract, Digital Single Market, European Union, France, International Agreement, United Kingdom, USA

(Potter Clarkson LLP and King's College London)/ /Leave a comment

Professor of Literary and Artistic Property Law at the Columbia Law School Jane C. Ginsburg recently visited London, where she delivered her lecture in memory of a well-known legal scholar – Professor William (Bill) Rodolph Cornish. Described as “an intellectual property pioneer and modern legal historian”, his untimely death in January 2022 was a blow…

Collective management, Contract, Italy

(University of Salerno)/ /1 Comment

The Italian Antitrust authority (AGCM) has launched an investigation to assess whether the conduct of META towards SIAE, the largest Italian copyright collecting society, is unlawful due to abuse of economic dependence (for a previous post on the copyright dimension of the META v. SIAE dispute, see here). Let’s start with the background. META and…

Contract, Digital Single Market, Exceptions and Limitations, Liability

(Scuola Superiore Sant'Anna)/ /Leave a comment

From January 2020 to July 2022, the H2020 project reCreating Europe and its teams at Scuola Superiore Sant’Anna (Pisa) and the University of Szeged performed an unprecedented mapping of EU and Member States’ sources on copyright flexibilities, focusing both on public regulatory sources (statutes, court decisions, governmental policies and practices) and on private ordering tools,…

Contract, Infringement, Subject matter (copyrightable)

(Centre for Commercial Law Studies, Queen Mary University of London), (University of Bristol), and (Queen Mary University of London)/ /Leave a comment

This is a two-part post summarising the authors’ findings from the report on Copyright Infringement in the Video Game Industry, which was prepared by the authors for the World Intellectual Property Organization. It focusses on the state of the art of the video game industry and the role of IP, in particular copyright, throughout the…

Collective management, Contract, European Union, Italy, Remuneration (equitable)

(Luiss Guido Carli University)/ /2 Comments

The removal of SIAE’s repertoire from Meta’s social networks “This song is currently unavailable” or “The audio track in your reel is no longer available. You can replace the audio track once, which will also remove any original audio in your reel”. These are some of the messages appearing on Instagram or Facebook to users…

Contract, Infringement, Reproduction (right of), Subject matter (copyrightable)

(CREATe, University of Glasgow)/ /Leave a comment

This blog is a continuation of an earlier Kluwer post ‘Getting paid to play? Copyright, contract, and the rewards for UGC’ and is based on the findings of the You Can Play project.   When does a ‘creative work’ become ‘user generated content’ (UGC)? My recent research on video game UGC policies suggests the thin…

AG Opinion, Case Law, CDSM Directive, CJEU, Communication (right of), Contract, European Union, Exceptions and Limitations, Legislative process, Private copying, Reproduction (right of)

(University College London) and (Institute for Information Law (IViR))/ /Leave a comment

Welcome to the first trimester of the 2023 round up of EU copyright law! In this edition, we report on an AG Opinion that came out late in 2022 and update you on what has happened in the first trimester of 2023 in EU copyright law. This includes Court of Justice (CJEU) and General Court…

Contract, Digital Single Market, European Union, Exceptions and Limitations

(Ghent University)/ /Leave a comment

Data portability rights are hot in EU legislation. Although these rights are doomed to create conflicts with copyright, neighbouring rights and the sui generis right in databases, their relation to IP has largely remained unaddressed for now. The recent signing of the Digital Markets Act and the ongoing negotiations on the proposal for a Data…