European Union

Artificial Intelligence (AI), Digital Single Market, European Union, Research, Text and Data Mining (TDM)

(COMMUNIA)/ /Leave a comment

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…

Education, European Union, Exhaustion

(Knowledge Rights 21, International Federation of Library Associations and Institutions)/ /Leave a comment

This two-part blog looks at the provisions that exist in library laws across European countries concerning the building of collections and what libraries can do with them. It then assesses how far the achievement of these mandated functions is frustrated by a lack of access to e-books.   The first part of this blog provided…

Distribution (right of), Education, European Union, Exhaustion

(Knowledge Rights 21, International Federation of Library Associations and Institutions)/ /Leave a comment

This two-part blog looks at the provisions that exist in library laws across European countries concerning the building of collections and what libraries can do with them. It then assesses how far the achievement of these mandated functions is frustrated by a lack of access to eBooks. This first part introduces the issue and covers…

CDSM Directive, Digital Single Market, European Union, Exceptions and Limitations, Hungary, Press Publishers ’ Right, Text and Data Mining (TDM)

(University of Szeged, Hungary)/ /Leave a comment

Regular readers of the Kluwer Copyright Blog may already be familiar with the excellent reviews of the first two rulings on the European Union’s new text and data mining (TDM) exception – one from Germany (see the Kneschke v. LAION ruling here, here and here) and one from the Netherlands (see the DPG Media v….

CDSM Directive, European Union, Exceptions and Limitations

(University College London)/ /Leave a comment

On the 10th of April 2025, new rules came into force as part of Elon Musk’s crackdown on impersonation accounts on X (formerly known as Twitter). Under these rules, any account that impersonates, parodies, or caricatures another comes under two requirements: first, that their username must begin with a keyword like ‘fake’ or ‘parody’; and…

Artificial Intelligence (AI), Collective management, European Union, Exceptions and Limitations, Infringement, Text and Data Mining (TDM)

(Institute for Information Law (IViR) )/ /Leave a comment

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…

Artificial Intelligence (AI), CDSM Directive, CJEU, Collective management, European Union, Legislative process, Round-up, Text and Data Mining (TDM)

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

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 —…

Artificial Intelligence (AI), European Union, Legislative process

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

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…

Case Law, Design Rights, European Union, Germany, Originality

(University College Dublin)/ /Leave a comment

In a decision of 20 February 2025 the German Federal Supreme Court (BGH) denied copyright protection as a work of applied art for two sandal designs. The ruling clarifies the scope of protection under German and EU law for works of applied art. According to the BGH, works of applied art enjoy protection if they…

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

(Blue Dragon Institute)/ /Leave a comment

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…