Subject matter (copyrightable)

Artificial Intelligence (AI), Originality, Subject matter (copyrightable), USA

(University of Milan)/ /Leave a comment

Introduction Part 1 analysed an Italian case related to the copyright protection of a “floral fractal” generated via machine-learning (see RAI vs Biancheri). Even more recently, another case dedicated to protection of AI generated visual art has been decided by the United States District Court for the District of Columbia (Thaler vs Perlmutter, Civil Action…

Contract, Infringement, Subject matter (copyrightable)

(Centre for Commercial Law Studies, Queen Mary University of London), (University of Bristol), and (Queen Mary University of London)/ /Leave a comment

This is a two-part post summarising the authors’ findings from the report on Copyright Infringement in the Video Game Industry, which was prepared by the authors for the World Intellectual Property Organization. It focusses on the state of the art of the video game industry and the role of IP, in particular copyright, throughout the…

Contract, Infringement, Reproduction (right of), Subject matter (copyrightable)

(University of Glasgow, CREATe)/ /Leave a comment

This blog is a continuation of an earlier Kluwer post ‘Getting paid to play? Copyright, contract, and the rewards for UGC’ and is based on the findings of the You Can Play project.   When does a ‘creative work’ become ‘user generated content’ (UGC)? My recent research on video game UGC policies suggests the thin…

Duration, France, Germany, Italy, Originality, Subject matter (copyrightable)

(Università di Pavia)/ /Leave a comment

This contribution is based on a paper published in 44 European Intellectual Property Law Review 595 (2022)   Photographs are included in Article 2(1) of the Berne Convention as copyrightable artistic works. All Berne Union Member States must thus provide copyright protection to photographic works. As is known, originality has always been the essential requirement…

Authorship, CJEU, European Union, Originality, Subject matter (copyrightable), United Kingdom

(University of Sussex)/ /4 Comments

Children provide a unique contribution to the discourse on creativity, copyright and intellectual property. From their ability to engage with colours and sounds as babies to the rich and extensive portfolio of works they create during their school years, children are constantly engaging in the process of authorship. A systematic study on the copyright of…

Case Law, European Union, Originality, Subject matter (copyrightable), United Kingdom

, (Bristows LLP)/ /Leave a comment

It seems inevitable that UK copyright law will change at some stage. It increasingly appears that judges are waiting for a case which requires the inconsistencies between EU and UK copyright law to be addressed. Unfortunately, the recent decision in WaterRower v Liking [2022] EWHC 2084 (IPEC) was not that case, despite many reporting in…

Case Law, Italy, Originality, Subject matter (copyrightable)

(City, University of London) and (Legance Law Firm)/ /Leave a comment

An interesting case recently decided by the Italian Supreme Court (Corte di Cassazione) has focused on whether the slogan “500% FIAT” can be protected by copyright (decision No. 8276/2022, published on 14 March 2022). The dispute was started by the author of the slogan against the Italian carmaker FIAT. The author had registered the slogan…

Case Law, Moldova, Remuneration (equitable), Subject matter (copyrightable)

(University College Dublin)/ /Leave a comment

In AsDAV v Republic of Moldova the Second Section of the European Court of Human Rights (ECtHR) held that the uncompensated use of works by a public authority constitutes a violation of Article 1 of Protocol No. 1 to the European Convention on Human Rights (ECHR). The ECtHR found that the Moldovan Supreme Court had…

AG Opinion, Belgium, Case Law, CJEU, Design Rights, European Union, Originality, Subject matter (copyrightable)

(The University of Nottingham)/ /1 Comment

This case concerned the famous Brompton bicycle which can be folded to carry away after use (Case C‑833/18, SI, Brompton Bicycle Ltd. v. Chedech / Get2Get); the author commented on the Advocate General’s opinion here and here. The bike was once protected by a patent and, following its expiry, the defendant (Get2Get) started selling a…

Case Law, Infringement, Ownership, Subject matter (copyrightable), USA

(University of Sharjah (UAE))/ /Leave a comment

Copyright is an engine for knowledge. Although copyright creates monopolies, it should not be considered as a good in itself, but as a tool which can be used to achieve societally desirable objectives. The U.S. Supreme Court, in a non-traditional 5-4 vote, did just that when – on 20 April 2020, in Georgia vs. Public.Resource.org…