The case recently brought against OpenAI by the New York Times is the latest in a series of legal actions involving AI in the United States, and mirrored in other countries –notably, the UK. In order to train their technologies, should AI companies be allowed to use works under copyright protection without consent? The lawsuits…
The UK’s attempt to deal with generative AI, training data and copyright law has taken yet another turn. On 6 February 2024, in its response to the AI White Paper consultation, the UK government announced that it will drop its plans for a code of practice on copyright and AI – a work it has…
When life gives you lemons, make lemonade. This must have been the key insight at the Polish Culture and National Heritage Ministry when the new administration took over and discovered that more than 2.5 years after the implementation deadline, Poland still had to implement the provisions of the 2019 Copyright in the Digital Single Market…
Recently, the EU Parliament adopted a resolution calling for new rules to ensure a fair and sustainable music streaming sector for creators. This shows how music creators’ demands for fair remuneration are far from resolved, despite the EU’s efforts to empower them through the adoption of Articles 18 to 22 of the Copyright in the…
In recent years, a so called ‘Secondary Publication Right’ (SPR) has been adopted in a number of European countries and become a policy hot topic at the EU level. The term encompasses a variety of special regimes empowering (or obliging) authors to retain some of the usage rights over their publicly funded works vis-à-vis scientific…
Europeans are the biggest producers of electronic equipment waste (‘e-waste’); according to recent numbers, in 2018 approximately 4 million tons of e-waste were discarded in the European Union. This amounts to more than 16 kg of e-waste per capita per year. Common sources of e-waste include televisions, computers, mobile phones and various types of home…
On November 27, 2023, the Beijing Internet Court (BIC) ruled in an infringement lawsuit (Li v. Liu) that an AI-generated image is copyrightable and that a person who prompted the AI-generated image is entitled to the right of authorship under Chinese Copyright Law (see our bilingual version, and the later-released official translation). Plaintiff generated an…
In a statement made on 12 October 2023, the French collecting society Sacem, which represents most authors/composers and publishers of music in France, announced that it is opting out of machine learning training for the works in its repertoire. Sacem explains that it is basing its opt-out from generative AI systems on Article L122-5-3 of…
New year’s fatigue? Or possibly AI fatigue? But the new year has only just begun! It does seem like the topic of AI and copyright was everywhere in the copyright world last year. While some digital topics have been known to cause a great commotion in copyright circles only to later sink practically without a…
The two US class actions against Meta We have previously analysed US class actions against Open AI (here) and Google (here) for unauthorized use of copyright works in the training of generative AI tools, respectively ChatGPT, Google Bard and Gemini. To further develop this excursus on the US case law, in this post we…
