European Union

Artificial Intelligence (AI), CDSM Directive, European Union, Exceptions and Limitations, Legislative process, Text and Data Mining (TDM), United Kingdom

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

As previously reported, between October 2021 and January 2022 the UK Intellectual Property Office held a public consultation on the intersection between artificial intelligence (AI) and intellectual property laws (more specifically, copyright and patents). The outcome of the consultation is supposed to inform the government with respect to a potential legislative reform of the UK…

European Union

/ /Leave a comment

The Council of the EU has recently adopted conclusions on research assessment and implementation of open science (the ‘conclusions’). Adopted in June 2022, the three areas covered by the conclusions are: (I) Reform of research assessment systems in Europe; (II) European approach and capacities for academic publishing and scholarly communication; and (III) Development of multilingualism…

Artificial Intelligence (AI), CDSM Directive, Digital Single Market, European Union, Legislative process, Text and Data Mining (TDM)

(University of Cyprus)/ /Leave a comment

Almost 3 years after the adoption of the Digital Single Market (Directive (EU) 2019/790) (CDSM Directive), its transposition by the Member States (MS) has proved to be a significant challenge. During a fervent period of failed timely implementation efforts on many fronts (see here), MS need to be vigilant and ensure that the delicate balances…

Bulgaria, CDSM Directive, Digital Single Market, European Union, Germany, Hungary, Italy

(NOVA School of Law and Knowledge Rights 21)/ /1 Comment

Nelson Mandela said that “Education is the most powerful weapon to change the world”, but is it powerful enough to change copyright? A long-standing debate has been going on regarding the supporting, or rather, hindering role of copyright rules in educational settings. Recent developments shed new hope. With Article 5 of the CDSM Directive, the…

AG Opinion, Case Law, CDSM Directive, CJEU, Digital Single Market, European Union, Legislative process, Round-up

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

Welcome to the second trimester of the 2022 round up of EU copyright law! We started this rubric back in 2021. In this series, we update readers every three months on developments in EU copyright law. This includes Court of Justice (CJEU) and General Court judgments, Advocate Generals’ (AG) opinions, and important policy developments. You…

Conference, European Union, NFTs

(Potter Clarkson LLP and King's College London)/ /2 Comments

This year we have seen an influx of educational events dedicated to everything digital. In particular, non-fungible tokens (NFTs), crypto and metaverse have dominated our infospace. June was no exception. Last Wednesday, Fide (a legal-economic think-tank) held the latest in their series of Global Digital Encounters (GDE) – an online panel discussion focusing on the…

European Union, Legislative process

/ /Leave a comment

Last month, the Internal Market Committee of the European Parliament endorsed the provisional agreement previously reached with EU governments on the Digital Services Act (DSA). The DSA, together with its sister proposal on the Digital Markets Act (DMA), sets standards for a safer and more open digital space for users and a level playing field…

Database right, European Union

, , (Max Planck Institute for Innovation and Competition)/ /Leave a comment

Introduction On 23 February 2022, the European Commission (EC) published a Proposal for a ‘Regulation on harmonised rules on fair access to and use of data (Data Act)’. This legal instrument will horizontally set rules applicable to the relationship between manufacturers and users of Internet of Things (IoT) devices. The Data Act Proposal assigns users…

CDSM Directive, Conference, Digital Single Market, European Union, Liability

(GFF (Society for Civil Rights)) and (Institute for Information Law (IViR))/ /Leave a comment

The judgement of the European Court of Justice in case C-401/19 has hardly laid to rest the debates over the use of upload filters in automated copyright enforcement. On the contrary, by declaring Article 17 of the Directive on Copyright in the Digital Single Market compatible with the Charter, while requiring Member States to ensure…

Artificial Intelligence (AI), CDSM Directive, Digital Single Market, European Union

(KU Leuven Centre for IT & IP Law), (Institute for Information Law (IViR)), and ( Københavns Universitet Centre for Information and Innovation Law (CIIR), University of Copenhagen)/ /Leave a comment

This is the second installment of a reflection on the topic of content moderation and bias mitigation measures in copyright law. The first part of this post briefly discussed the concept of bias and examined the role of property rights in data and factual information, with a focus on copyright. This second part explores the…