Liability

AI, Legislative process, Liability

(University of Szeged)/ /1 Comment

The booming industry of generative artificial intelligence (AI) is facing its first regulatory attempt in China. On April 11th, the Cyberspace Administration of China released a draft of the Regulation for Generative Artificial Intelligence Services (the ‘draft Regulation’) for public consultation, which includes 21 articles detailing the proposed regulatory framework for the generative AI industry….

Digital Single Market, European Union, Exceptions, Liability, Limitations

(Scuola Superiore Sant'Anna)/ /Leave a comment

The H2020 project reCreating Europe performed an unprecedented mapping of EU and Member States’ sources on copyright flexibilities. Part I of this blog post explained the mapping of EU sources and their conclusions. Part II deals with the comparative analysis of the law of all 27 Member States, with related comparative findings. The mapping of…

Contract, Digital Single Market, Exceptions, Liability

(Scuola Superiore Sant'Anna)/ /Leave a comment

From January 2020 to July 2022, the H2020 project reCreating Europe and its teams at Scuola Superiore Sant’Anna (Pisa) and the University of Szeged performed an unprecedented mapping of EU and Member States’ sources on copyright flexibilities, focusing both on public regulatory sources (statutes, court decisions, governmental policies and practices) and on private ordering tools,…

European Union, Exceptions, Fair Use, Legislative process, Liability, USA

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

TLDR   Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive. In particular,…

Case Law, Collective management, Germany, Liability, Remuneration (equitable)

, (NORDEMANN)/ /Leave a comment

2021 saw a very active German Bundesgerichtshof (“BGH” – Federal Supreme Court) in the area of copyright law. This article covers the most relevant copyright law decisions of the BGH from that year. Part I addressed decisions in the areas of scope of protection, exploitation rights, exceptions and limitations, and copyright contract law. Part II…

Case Law, CJEU, Collective management, Communication (right of), Design Rights, Digital Single Market, Enforcement, European Union, Liability, NFTs, Round-up

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

Welcome to the fourth (and last) trimester of the 2022 round up of EU copyright law (even though slightly overdue)! While in the last three months of 2022 the CJEU was relatively quiet, the various EU policymakers have been very productive. In this series, we update readers every three months on developments in EU copyright…

Digital Single Market, European Union, Exceptions, Liability

(University of East Anglia)/ /Leave a comment

COMMUNIA and Gesellschaft für Freiheitsrechte co-hosted the Filtered Futures conference on 19 September 2022 to discuss fundamental rights constraints of upload filters after the CJEU ruling on article 17 of the Directive on Copyright in the Digital Single Market (CDSMD). This blog post is based on the author’s contribution to the conference’s third session “Beyond the Judgement: The Future…

CJEU, Digital Single Market, European Union, Exceptions, Liability

(Universidade Católica Portuguesa)/ /Leave a comment

This post is a summary of an editorial forthcoming in IIC – International Review of Intellectual Property and Competition Law. A pre-print is available for free download on SSRN.   Like most exceptions in the EU copyright acquis, the general parody exception in Article 5(3)(k) of the InfoSoc Directive was originally designed as optional, meaning…

CJEU, Digital Single Market, European Union, Germany, Legislative process, Liability

(Stockholm University)/ /1 Comment

  COMMUNIA and Gesellschaft für Freiheitsrechte co-hosted the Filtered Futures conference on 19 September 2022 to discuss fundamental rights constraints of upload filters after the CJEU ruling on Article 17 of the Directive on Copyright in the Digital Single Market (CDSMD). This blog post is based on the author’s contribution to the conference’s first session…