In the last year, the German Copyright Act has experienced what is probably its most substantial reform since it first came into force in 1966. The reason for this was the implementation of the DSM Copyright Directive 2019/790/EU (DSMD) and Directive 2019/789/EU (Online SatCab Directive). Secondly, the legislature felt obliged, in response to certain CJEU…

As previously reported, between October 2021 and January 2022 the UK Intellectual Property Office held a public consultation on the intersection between artificial intelligence (AI) and intellectual property laws (more specifically, copyright and patents). The outcome of the consultation is supposed to inform the government with respect to a potential legislative reform of the UK…

Almost 3 years after the adoption of the Digital Single Market (Directive (EU) 2019/790) (CDSM Directive), its transposition by the Member States (MS) has proved to be a significant challenge. During a fervent period of failed timely implementation efforts on many fronts (see here), MS need to be vigilant and ensure that the delicate balances…

  Running from 29 October 2021 to 7 January 2022, the “Artificial Intelligence and IP: copyright and patents” consultation formed the latest round in an ongoing national conversation between the UK Intellectual Property Office (UKIPO) and interested stakeholders (see here). The consultation sought views on the prospects for facilitating patent and copyright protections for “inventions…

Debate on AI and IP continues Copyright and Artificial Intelligence (AI) or, more specifically, Machine Learning (ML) has become a hotly debated topic. It has attracted attention not only among academics but also increasingly among policy makers. The US government ran a consultation on AI and IP a few years ago. The UK government has…

  On 29 October 2021, the UK Intellectual Property Office launched a public consultation looking at how the copyright and patent regimes should deal with artificial intelligence. The UKIPO underlines the crucial role played by AI when it comes to innovation and creativity. With this consultation, the Office seeks to assess whether the current IP…

Promoting research and access to its products has always been a core purpose of copyright law, often expressed in limitations and exceptions for research uses. Recent legal scholarship has examined the need for copyright exceptions for text and data mining (TDM) methodologies, and the doctrines recently enacted to achieve this purpose. Empirical scholarship has highlighted…

The Academic Network on the Right to Research in International Copyright is calling for research relevant to the development of global norms on copyright policy in its application to research. Text and data mining research, for example, is contributing insights to respond to urgent social problems, from combatting COVID to monitoring hate speech and disinformation…

Will the text and data mining (TDM) exceptions, introduced in arts 3 and 4 of the EU Directive on Copyright in the Digital Single Market (DSM Directive) and currently being implemented by the EU Member States, serve its purpose of promoting the development of AI technologies or will they remain (another) set of meaningless black…

Artificial intelligence (AI) is increasingly pervading our lives. AI-based face recognition technology has been employed in surveillance and policing. In medicine, AI is already diagnosing various diseases, including skin cancer. Courts have been using AI solutions to determine sentences, while hiring companies use AI to attract applicants and to predict a candidate’s fit. When shopping…