European Union

Artificial Intelligence (AI), Authorship, European Union, Fair Use, Originality, Text and Data Mining (TDM), United Kingdom, USA

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

Copyright protection in machine-generated works is not a new issue for law makers. The traditional concept of human authorship was first challenged with the emergence of photography and this has continued every time a new technology comes about. In the U.S., the case of Burrow-Giles Lithographic Co. v. Sarony, 111 U.S. 53 (1884) extended copyright…

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

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

Machine readable opt-outs from TDM As we head into the last month of the current EU legislative term, there are increasing signs that EU lawmakers are unable to agree on the AI Act, which was supposed to be one of the crowning digital policy achievements of Ursula von der Leyen’s Commission. Recent media reports suggest…

Artificial Intelligence (AI), Authorship, CJEU, European Union, Originality, United Kingdom

(Georgetown University Law Center)/ /2 Comments

Recently, the United States District Court for the District of Columbia, in line with several decisions of the U.S. Copyright Office’s Review Board, found that human creativity is the sine qua non of copyrightability, refusing to register a work lacking human creative involvement or control. In this way, the U.S. jurisprudence embraces the distinction between…

Artificial Intelligence (AI), European Union, Infringement, Legislative process, USA

, (Luiss Guido Carli University)/ /Leave a comment

Part 1 of this post introduced the challenges for copyright associated with generative IP and the legislative developments in this field. This part 2 explores the idea of introducing a statutory license for machine learning purposes for generative AI as a compromise solution to secure a vibrant environment for AI development while preserving the central…

Artificial Intelligence (AI), European Union, Infringement, Legislative process, Text and Data Mining (TDM), USA

, (Luiss Guido Carli University)/ /1 Comment

Introduction Generative AI is disrupting the creative process(es) of intellectual works on an unparalleled scale. More and more AI systems offer services that push users’ production capacity for new literary and artistic works beyond unforeseen barriers. Algorithmic tools are gradually colonizing every creative sector, from being able to generate text (i.e., ChatGPT, Smodin), to perform…

European Union, Exceptions and Limitations, Exhaustion, Infringement

(University of Kent)/ /Leave a comment

Free spaces in copyright law are fundamental. They allow us to use and enjoy copyright works, ultimately supporting the creation of future works. Yet, since the Information Society Directive, European copyright law has preferred to protect and incentivise online business models over creativity. This post reflects on the role of exploiters, namely copyright holders with…

European Union, Exceptions and Limitations, Infringement, Legislative process

(University of Liverpool)/ /Leave a comment

As succinctly noted by Susan Bischoff in a prior post, the ongoing legal saga surrounding the ‘Metall auf Metall’ case continues to yield legal insights. Presently, a new reference from the German Federal Court of Justice (BGH) asks the Court of Justice of the European Union (CJEU) for vital interpretive guidance concerning the parody exception…

AG Opinion, Authorship, Case Law, CDSM Directive, CJEU, Communication (right of), Digital Single Market, European Union, Legislative process, Liability, Originality, Private copying, Round-up, Text and Data Mining (TDM)

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

Welcome to the third trimester of the 2023 round up of EU copyright law! In this edition, we update you on what has happened between July and September 2023 in EU copyright law. The autumn has started with full speed – the courts and the policy makes have been very active. This round up series…

CJEU, European Union, Exceptions and Limitations, Germany, Infringement

(Morrison & Foerster LLP)/ /Leave a comment

In Greek mythology, the saga of Sisyphus personifies relentless and never-ending toil – condemned by the gods to an eternity of pushing a massive boulder up a steep hill, only to watch it roll back down again as he nears the summit. With 24 years of legal proceedings and a dozen court rulings behind them,…

CJEU, Communication (right of), European Union, Exceptions and Limitations, Infringement, Private copying

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

With the Court of Justice of the EU (CJEU) restarting its activities after the vacation break, we look back to one of the late-summer judgement, standing out for its technical, yet impactful character. In Case C-426/21, the CJEU looked into the complicated relationship between copyright law and online television services. The focus of the case…