Artificial Intelligence (AI), Authorship, Originality, Software

(Max Planck Institute for Innovation and Competition)/ /1 Comment

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…

CDSM Directive, Digital Single Market, Enforcement, Infringement

(Institute for Information Law (IViR))/ /Leave a comment

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…

AG Opinion, Case Law, European Union, Jurisdiction, Private copying

(University of Milan)/ /Leave a comment

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…

Artificial Intelligence (AI), Authorship, Exceptions and Limitations, Originality, Text and Data Mining (TDM), United Kingdom

(University College London)/ /1 Comment

  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…

CDSM Directive, Digital Single Market, Germany, Hungary, Italy, Jurisdiction, Legislative process, Sweden

(University of Szeged, Hungary), (Institute of International Law, Intellectual Property and Technology Law, TU Dresden), (NOVA School of Law Lisbon), and (Institute for Information Law (IViR))/ /Leave a comment

Article 17 has been a (the) leading buzzword of the copyright reforms of the European Union in recent years (at least half a decade already). The transposition deadline has now passed. As of June 6, 2021, however, only a handful of Member States have implemented Directive 2019/790/EU (Copyright in the Digital Single Market; hereinafter CDSMD)….

CDSM Directive, Digital Single Market, European Union, Legislative process

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On 11 November, the European Parliament adopted a resolution on an intellectual property action plan aimed at supporting the EU’s recovery and resilience. The recitals note the importance of balanced protection and enforcement of intellectual property rights (IPR) to the European economy as well as to the EU’s recovery and resilience, in particular to the…

Collective management, Damages, Germany, Injunction, Jurisdiction, Liability, Remuneration (equitable)

(NORDEMANN)/ /Leave a comment

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here, here and here.         VII. Copyright contract law (Sections 31 et seqq. UrhG) Right of remuneration (Sections 32 et seqq. UrhG) German copyright law stipulates…

Case Law, Exceptions and Limitations, Germany, Jurisdiction, Software

(NORDEMANN)/ /Leave a comment

Parts 1 and 2 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here and here, and part 4 will be published on the blog shortly.   IV. Related rights In addition to rights of the author, German copyright law also recognises…

Exceptions and Limitations, Text and Data Mining (TDM)

(Washington College of Law)/ /Leave a comment

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…