CDSM Directive, Copyright, Digital Single Market, Exceptions and Limitations, Ireland, Legislative process, Press Publishers ’ Right

(Catolica Global School of Law, Universidade Catolica Portuguesa) and (Trinity College Dublin)/ /Leave a comment

As testified by collections such as those of Trinity College’s Old Library, copying and illustrating manuscripts by hand was such a well-developed practice among members of mediaeval religious orders in Ireland that two Christian saints – Columba and Finnian – ended up having the first recorded copyright dispute in the Western world’s history. The most…

Artificial Intelligence (AI), European Union, Exceptions and Limitations, Fair Use, Legislative process, Liability, Text and Data Mining (TDM), USA

(Institute for Information Law (IViR))/ /3 Comments

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, Infringement, USA

(Wolters Kluwer Legal & Regulatory)/ /Leave a comment

Another court of appeals concludes that the statute of limitations doctrine was not overturned by a Supreme Court laches decision. The Supreme Court did not upend the longstanding discovery rule applicable to Copyright Act cases by merely mentioning in passing that a copyright claim accrues “when an infringing act occurs,” the U.S. Court of Appeals…

CDSM Directive, Digital Single Market, Exceptions and Limitations, Fair Use, Greece

(Ionian University)/ /Leave a comment

Introduction In November 2022, almost 18 months after the transposition deadline, Law 4996/2022 (Of. Gov. Gaz. A 218/24.11.2022) implemented into the Greek legal order Directives (EU) 790/2019 (hereinafter DSMD) and 789/2019 (as well as Directive 2006/115 on the public lending right, but this is another (lengthy) story…). In doing so, it amended Law 2121/1993, the…

Belgium, CJEU, Collective management

(Crowell & Moring LLP and UCLouvain - Saint Louis Bruxelles) and (Crowell & Moring, Brussels)/ /Leave a comment

Background On 8 September 2022, the Brussels court of appeal delivered a long-awaited judgment in a case between the collective management organisation “Belgian Association of Authors, Composers and Publishers” (“SABAM”) and a wide array of music festival organisers in Belgium, the overarching Federation of Music Festivals in Flanders (“FMFF”) and British direct licensing company Pace…

Communication (right of), Enforcement, Infringement, Technological measures

(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. Part 1 looked at the state of the art of the video game industry, as well as at cloning and cheating. This part…

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…

CDSM Directive, Digital Single Market, France, Performers' Rights, Remuneration (equitable)

(REALEX)/ /Leave a comment

Order no. 2021-580 of 12 May 2021 (‘transposition Order’) of the French Government implements articles 2(6) and 17 to 23 of the EU Directive 2019/790 on copyright and related rights in the Digital Single Market (‘CDSM’). In a ruling of 15 November 2022, the French administrative Supreme Court annulled the transposition Order to the extent that it does…

Collective management, Contract, European Union, Italy, Remuneration (equitable)

(Luiss Guido Carli University)/ /2 Comments

The removal of SIAE’s repertoire from Meta’s social networks “This song is currently unavailable” or “The audio track in your reel is no longer available. You can replace the audio track once, which will also remove any original audio in your reel”. These are some of the messages appearing on Instagram or Facebook to users…