European Union

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

(Brazilian Copyright Institute (IBDAutoral)) and (KU Leuven Centre for IT & IP Law)/ /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….

Artificial Intelligence (AI), European Union, Fair Use, United Kingdom, USA

(University of Milan)/ /2 Comments

Introduction: Generative AI regulatory framework There is a huge debate around Generative AI and the need to regulate such disrupting technology (see here and here). Very different approach has been adopted in the European Union, which is going to introduce by the end of 2023 a EU AI Act (here), in the UK, which is…

CDSM Directive, European Union

(NOVA School of Law and Knowledge Rights 21)/ /Leave a comment

In a period when the COVID-19 pandemic is occupying less and less space in the daily news and in our thoughts, with the World Health Organization (WHO) having stated that it “no longer constitutes a public health emergency of international concern”, things may seem to be returning to the normal. This is, of course, a…

AG Opinion, Artificial Intelligence (AI), Case Law, CDSM Directive, CJEU, Digital Single Market, European Union, Round-up

(University College London) and (Institute for Information Law (IViR))/ /1 Comment

Welcome to the second trimester of the 2023 round up of EU copyright law! In this series, every three months we update you on what has happened in EU copyright law. This includes Court of Justice (CJEU) and General Court judgments, Advocate Generals’ (AG) opinions, and important policy developments. You can read the previous round-ups…

Communication (right of), Distribution (right of), European Union, Exhaustion, NFTs, United Kingdom

(KU Leuven Brussels) and (City, University of London)/ /Leave a comment

Part I of this blog introduced the first of three ambiguities NFT purchasers may face. In this part II we discuss two additional aspects, with a focus on UK copyright law and the EU copyright acquis.   The First Sale Doctrine in the Metaverse The first sale doctrine, also referred to as the ‘principle of…

European Union, NFTs, Ownership, United Kingdom

(KU Leuven Brussels) and (City, University of London)/ /Leave a comment

Non-fungible tokens (NFTs) are altering society’s notion of digital ‘ownership’ and redefining the common perspective on distribution of original works to consumers by introducing scarcity to the digital realm. Although frequently misconstrued, this technology represents an exceptional advancement that can yield enormous revenue streams for both creators and consumers by altering the digital representation of…

Case Law, CJEU, Communication (right of), European Union

(University of Cyprus)/ /Leave a comment

On 20 April 2023 in the joined cases Blue Air ( C-775/21) and  SNTFC (C-826/21) the CJEU pronounced once again on the infringement of the right of communication to the public, making a further contribution to the already rich case law in this field. This time the questions related to the existence (or not) of…

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

(Potter Clarkson LLP and King's College London)/ /1 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…

European Union, Exceptions and Limitations, Germany, Infringement

(Morrison & Foerster LLP)/ /Leave a comment

“No artist starts from scratch in a vacuum”. This finding of the Berlin Regional Court seems obvious. But copyright law faces daunting challenges when copyrighted material not only inspires a creative process, but becomes the very object of it. From Italian opera to Andy Warhol to memes – incorporating and referencing other works has always…