Grand Production d.o.o. v GO4YU GmbH (Case C‑423/21) The facts of the case are representative of the grey areas of the application of copyright territoriality in the digital era. The applicant, Grand Production d.o.o., is a Serbian company which produces television programs that are broadcast in Serbia by a TV channel, Prva Srpska Televizija. Another…
As generative machine learning (ML) systems become more mainstream, the discussion about copyright and ML input is back in the spotlight. At the heart of this discussion is the question of whether authors, creators, and other rightholders need to give permission before their works can be used as input for generative ML systems that produce…
The recent blog post by Matt Hervey provides an interesting summary by someone who clearly has a good understanding of the subject matter. It does seem a bit one-sided in making it sound (to me, anyway) like people, governments or courts who oppose copyright protection of AI-generated works are fighting a rear guard battle and…
This post looks back at the key developments in AI and copyright in 2022, covering generative AI, text and data mining exceptions, the pastiche exception, deep fakes, voice cloning and infringement and enforcement of copyright using AI.
Because such relief was not specified in the Act, a demand for such relief required service of an amended complaint upon a defaulting defendant. A plaintiff who prevailed in a copyright infringement lawsuit against a defaulting defendant was required to serve an amended complaint upon that defendant if the amended complaint newly sought to hold…
Although the company’s description of each individual skill may not have been copyrightable, its selection and arrangement of those skills merited protection. A federal district court properly found that a table of workplace skills developed for use in a career-readiness assessment program was protectable under the Copyright Act because it reflected creativity in the selection…
COMMUNIA and Gesellschaft für Freiheitsrechte co-hosted the Filtered Futures conference on 19 September 2022 to discuss fundamental rights constraints of upload filters after the CJEU ruling on Article 17 of the copyright directive. This blog post is the author’s contribution to the conference’s first session “Fragmentation or Harmonisation? The impact of the Judgement…
The principle of ‘de minimis’ is a common law principle that has been derived from the Latin maxim ‘De Mimimis Non-Curat Lex’, which essentially means that the law does not care for, nor take notice of, very small or trifling matters, and therefore does not require judicial scrutiny. This principle has not been statutorily recognized…
In Safarov v. Azerbaijan (Appl. no. 885/12) the European Court of Human Rights (ECtHR) finds that the defendant State violated Article 1 of Protocol No.1 to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). In its judgment of 1 September 2022, the Court determines that Azerbaijan failed to enforce copyright…
The photographer’s mere showing of removal of embedded copyright management information (CMI) in hotel photographs is insufficient to meet the scienter requirement. The federal appeals court in Atlanta, Georgia has refused to reinstate a case brought by a photographer claiming a violation of the Digital Millennium Copyright Act (DMCA) against a hotel intermediary that provided…
