Act no. 2021-1382 of 25 October 2021 on the regulation and protection of access to cultural works in the digital age has been published in the Official Journal. It modifies the French Intellectual Property Code (‘IPC’). The Act creates ‘ARCOM’ (the Authority for the regulation of audiovisual and digital communication), a new regulatory authority with…
This post is based on the chapter “Audiovisual Coverage of Sports Events and Copyright Law: Originality in the Details?” in Natalie Helberger, Joost Poort, Martin Senftleben, Mireille van Eechoud, Stef van Gompel (eds.). Intellectual Property and Sports: Essays in Honour of P. Bernt Hugenholtz, Kluwer Law International, 2021. The principle of non-protection of football matches…
This post is based on the chapter “Audiovisual Coverage of Sports Events and Copyright Law: Originality in the Details?” in Natalie Helberger, Joost Poort, Martin Senftleben, Mireille van Eechoud, Stef van Gompel (eds.). Intellectual Property and Sports: Essays in Honour of P. Bernt Hugenholtz, Kluwer Law International, 2021. The economic value of football broadcasting has…
A reasonable jury could find the design for children’s pajamas with the phrase “i love you” repeated in italics to be substantially similar to Target’s products with the same phrase and design. In a copyright infringement suit brought by a children’s clothing company against retailer Target Corporation, the U.S. Court of Appeals for the Fifth…
The European Audiovisual Observatory (“EAO”) has recently published the Mapping report on national remedies against online piracy of sports content (“Report”), conducted at the request of the European Commission. Through a comparative perspective, the Report examines the scope of protection of audiovisual sports content in the national framework of the 27 EU member states and…
Welcome to the fourth and final trimester of 2021 round up of EU copyright law! We started this rubric in the beginning of 2021. In this series, we update readers every three months on developments in EU copyright law. This includes Court of Justice (CJEU) and General Court judgments, Advocate Generals’ (AG) opinions, and important…
The European Intellectual Property Office (EUIPO) has recently published a report on Online Copyright Infringement in the European Union. The report examines the consumption of copyright-infringing content in the EU Member States and the UK between January 2017 and December 2020. The underlying data covers access to TV programmes, music and film, using a variety of…
European and international policymakers have raised how artificial intelligence (AI) interacts with intellectual property (IP) law on several occasions. Nonetheless, before any policy and law-making endeavour can be undertaken, a fitness test of the existing IP framework is indispensable. Recent discussions have focused on AI-aided and AI-generated output, concentrating on whether an AI system can…
For anyone interested in the discussions about automated content filtering, Christmas came early this week: On Monday YouTube published the first edition of its Copyright Transparency Report. The report that covers copyright enforcement actions on the platform for the period from January to June of this year provides much needed insights into how YouTube’s various…
Introduction In a previous post on this Blog, we analysed the EU case law relating to the emerging services of Cloud Service Providers (C-265/16, V-CAST), as well as the impact of the new EU Directive on copyright in the Digital Single Market (CDSM). More specifically, in the case between V-Cast and RTI, the CJEU ruled that…
