The European Copyright Society posted an opinion on selected aspects of the proposed Data Act. The aim of the Data Act’s sui generis clause (art. 35) to reduce the availability of IP rights over some datasets is welcome. However, its drafting is flawed and risks creating even more fragmentation in the laws of Member States….
The district court’s rejection of the employee’s qualified immunity arguments on summary judgment was nonappealable. The U.S. Court of Appeals in New Orleans lacked jurisdiction to hear an appeal of a district court’s summary judgment ruling finding that material facts precluded deciding as a matter of law the validity of a qualified immunity defense asserted…
In its landmark 1994 decision Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994), the U.S. Supreme Court’s ruled that Campbell’s creation of a rap parody version of a popular Roy Orbison song could be fair use because it transformed the original song by adding something new, with a different purpose, or a new meaning…
Judgment nº208/2021 of Madrid Commercial Court nº16 (December 20th, 2021) Context and facts This case concerns a dispute between the collecting management organisation CEDRO[1] and GOOGLE DISCOVER for non-payment of fair compensation for the limitation established in article 32.2 (now abrogated by the implementation of the CDSM Directive[2]) of the Spanish Copyright Act (SCA) between…
A conference jointly organized by the Department of Law of the University of Cyprus and the H2020 project reCreating Europe – Nicosia, 31 October – 1 November 2022 The University of Cyprus, together with the Horizon 2020 project reCreating Europe, funded by the European Commission, is conveying the conference “Rethinking copyright flexibilities”. The…
Article 17 is here to stay, but most national implementations fail to meet the fundamental rights standards developed by the Court in its judgment. Tuesday’s long-awaited ruling in Case C-401/19 finally brings some clarity to the almost three-year-long discussion about the implementation of Article 17 of the Copyright in the Digital Single Market Directive (DSM…
This morning the CJEU delivered its much awaited judgment in Case C-401/19 – Poland v Parliament and Council. In simple terms, the main issue before the Court was the validity of the preventive measures required by Article 17(4) (b) and (c) in fine in light of the right to freedom of expression and information recognized…
This post is the second instalment of an analysis of a recent report, a part of the reCreating Europe project, on the application of EU copyright and related rights law to outputs generated by or with the assistance of artificial intelligence (AI) systems, tools or techniques (AI outputs), with a focus on outputs in the…
The creation and development of copyright law are closely connected to technological and associated business transformations (see, e.g. here). It is therefore not surprising that progress in AI technologies and their deployment in the creative sector creates new opportunities and challenges for the law, creators (authors and performers), and rightsholders. What is perhaps different with…
In this second post on the Swedish proposal for implementation of Article 17, I look at provisions explicitly concerning users of services. Whilst certain user safeguards are already embedded in the liability regime (Part 1), the Swedish Ministry of Justice goes the extra mile and proposes to comprehensively address user interests in the text of…
