Jurisdiction

Case Law, CJEU, European Union, France

(REALEX)/ /Leave a comment

In its jugment of 30 April 2024 (C-470/21), the Court of Justice of the European Union answered three questions referred by the French Administrative Supreme Court (‘Conseil d’Etat’), that can be summed up as follows: must Article 15(1) of Directive 2002/58 on privacy and electronic communications be interpreted as precluding national legislation which authorises the…

Artificial Intelligence (AI), Authorship, Case Law, China, Liability

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

The effect of rapid development of generative AI on copyright law continues to challenge the lawmakers and courts. Whilst the UK High Court is yet to reach its decision on liability for copyright infringement in the AI training data in Getty Images v Stability AI, the Chinese case of Ultraman became the first to recognise…

CDSM Directive, Digital Single Market, European Union, Legislative process, Liability, Press Publishers ’ Right

(CIPIL, University of Cambridge)/ /Leave a comment

As reported in earlier posts on this blog, in a 2022 study, I examined the national implementations in the 11 Member States that had at that time transposed Article 15 (the press publishers’ right) and Article 17 (the special copyright liability regime for “online content-sharing services providers” (OCSSPs)) of the EU’s Copyright in the Digital…

Subject matter (copyrightable), United Kingdom

, (Bristows LLP)/ /Leave a comment

In AGA Rangemaster v UK Innovations ([2024] EWHC 1727 (IPEC)), the UK Intellectual Property Enterprise Court has held that AGA’s trade marks were infringed by a company selling refurbished AGA cookers in a certain manner. AGA also relied on copyright in a design drawing of an AGA control panel and claimed copyright infringement by the…

Artificial Intelligence (AI), Copyright, Performers' Rights, United Kingdom

(Equity UK) and , (University of Glasgow, CREATe)/ /Leave a comment

Generative AI continues to make advances. And whilst its capabilities can be overhyped, there is undoubtably a growing perception that AI will soon be capable of effectively and infinitely ‘replacing’ the human performers on whose performances it is trained. Whether AI will ever fully achieve this goal in a cost-effective manner, or if the market…

Ownership, United Kingdom

(University of Edinburgh)/ /Leave a comment

Rights Retention Strategy Plan S is innovative, ambitious and unsurprisingly complex. Rights retention represents just a part of Plan S. Rights retention was developed as a strategy for compliance with the funder’s requirements by retaining some of the economic rights granted by copyright. It was not intended to be a strategy for simply retaining rights…

Copyright, Ownership, United Kingdom

(University of Edinburgh)/ /Leave a comment

Introduction This two-part blog post is aiming to explain what Rights Retention is and how it works in practice. In the first part, I’ll explain the forces at play in the publishing industry, why copyright ownership in academia is so important and how the publishing process works. These are technicalities that must be explained beforehand…

CDSM Directive, France, Germany, Infringement

, (University of Bremen)/ /Leave a comment

The Digital Services Act (DSA) transparency database, while proving to be rather useless for misinformation or hate speech researchers, is very enlightening on copyright moderation.  Platform governance researchers have long suspected that YouTube is the most heavily moderated platform on copyright issues, and we now have concrete proof of this.  YouTube, to date, according to…

Conference, Copyright, ESG, European Union

(NOVA School of Law Lisbon) and (University of Vienna)/ /1 Comment

In the aftermath of the 2024 ATRIP Annual Congress, recently held in Rome and entirely dedicated to doctrinal developments on “Intellectual Property, Ethical Innovation and Sustainability”, we share our preliminary takeaways on this ongoing debate. The interplay between IP and Sustainability is well-known and hardly contested at global scale. In Europe, the role of IP…

Case Law, Ownership, USA

(Wolters Kluwer Legal & Regulatory US)/ /Leave a comment

Case arises out of dispute over the estate of noted evangelical minister Dr. Lester Sumrall. The Seventh Circuit Court of Appeals in Chicago has affirmed the dismissal of claims for copyright ownership brought by a trust asserting the rights of a son of the late evangelical pastor Dr. Lester Sumrall, finding those claims were barred…