On Friday evening, after 38 hours of negotiations, representatives of the European Parliament, EU member states and the European Commission reached a provisional agreement on the proposed AI Act. The deal reached on Friday night now paves the way for the adoption of the AI Act in the first half of 2024, bringing to an…
THJ Systems Limited & Anor v Daniel Sheridan & Anor [2023] EWCA Civ 1354 concerned many issues but the one of most interest was the correct legal test to consider whether a copyright work is original. One would think this has been well rehearsed in numerous cases already, but the Court of Appeal decision…
In 2019, the European Union (EU) adopted its most important copyright reform in the past 20 years with the Copyright in the Digital Single Market (DSM) Directive. This ambitious reform sets a precedent that, given the EU’s status as the world leader in digital regulation and the resultant “Brussels Effect”, may be followed elsewhere. Book…
To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the most-read posts from each of our IP law blogs. Here are the most popular posts over the past few months. Top 3 Kluwer Copyright…
Copyright protection in machine-generated works is not a new issue for law makers. The traditional concept of human authorship was first challenged with the emergence of photography and this has continued every time a new technology comes about. In the U.S., the case of Burrow-Giles Lithographic Co. v. Sarony, 111 U.S. 53 (1884) extended copyright…
Machine readable opt-outs from TDM As we head into the last month of the current EU legislative term, there are increasing signs that EU lawmakers are unable to agree on the AI Act, which was supposed to be one of the crowning digital policy achievements of Ursula von der Leyen’s Commission. Recent media reports suggest…
Many of us who have done a PhD, remember that time around the beginning of the second year when anxiety and insecurity start substituting the passion and enthusiasm. We all needed a safe space and a friendly encouraging forum to reassure us that having your own research project is a worthwhile endeavour. To help inspire…
Over the last decades, European lawyers got used to the – at times remarkable and even forceful – interventions of the Court of Justice of the EU (CJEU) in copyright law. But last year, one supranational interference with copyright law surprisingly did not come from Luxemburg, but from Strasbourg: the judgment in Safarov v Azerbaijan….
Recently, the United States District Court for the District of Columbia, in line with several decisions of the U.S. Copyright Office’s Review Board, found that human creativity is the sine qua non of copyrightability, refusing to register a work lacking human creative involvement or control. In this way, the U.S. jurisprudence embraces the distinction between…
The UK High Court has held that Lidl’s rights in the Lidl logo were infringed by Tesco’s Clubcard Price(s) signs ([2023] EWHC 873 (Ch)). Specifically, the court made the following findings. Trade mark infringement – Lidl’s trade mark for the Lidl logo was infringed by Tesco’s Clubcard Price(s) signs, which took unfair advantage of Lidl’s…
