Part I of this post introduced the recent emergence of Non-Fungible Tokens (NFTs), explained their basic characteristics and what they can represent. In this Part II we discuss copyright law aspects of NFTs, with a focus on the EU copyright acquis.   Where Copyright Law meets Blockchain As anticipated by the examples in Part I…

From relative obscurity only a few months back, public awareness of non-fungible tokens (NFTs) has risen dramatically. This has come about following their use in connection with the transaction of different types of digital content (including artworks), often for exorbitant amounts. The constant online news stream on NFTs is hard to miss, as illustrated by…

The decade-long titanic battle between Oracle and Google over whether copyright law forbids unlicensed reimplementations of parts of the Java Application Program Interface (API) in a smartphone platform is finally over. In a blockbuster opinion for a 6-2 majority for the U.S. Supreme Court, Justice Stephen Breyer decisively supported Google’s fair use defense. The biggest…

Finding that the government edicts doctrine covers legislative works, Court holds that Georgia’s annotations are inherently public domain material because they are authored by an arm of the legislature in the course of its official duties. In a 5-4 decision, the U.S. Supreme Court has held that the annotations in the Official Code of Georgia…

Until recently, the French police’s handling of the yellow vest (gilets jaunes) demonstrations was ‘only’ criticized for excessive use of force (notably by the UN Human Rights Council). The “disproportionate” police behaviour was substantiated by extensive video footage recorded by protesters. To avoid videos of their agents’ interventions being shared on social networks, however, the…

The Academic Network on the Right to Research in International Copyright is calling for research relevant to the development of global norms on copyright policy in its application to research. Text and data mining research, for example, is contributing insights to respond to urgent social problems, from combatting COVID to monitoring hate speech and disinformation…

In this new series we will be updating readers every three months on developments in EU copyright law. This will include Court of Justice (CJEU) and General Court judgments, Advocate Generals’ (AG) opinions, and important policy developments.   The end of 2020 Since this is the first issue of our round up, we have also…

Interest in eSports (‘electronic sports’ or competitive video gaming) has accelerated during the COVID-19 pandemic. With many traditional face-to-face sports suspended, eSports have become an attractive viable competitor for self-isolating new and existing fans alike. With no geographic discrimination, an all-digital medium and even ‘anyone allowed to play’ tournament models, eSports is now a nascent…

As reported in a previous blog post, the Australian government has been intensively negotiating the Australian version of the press publishers’ right, the News Media Bargaining Code. The legislation was initially proposed in July 2020 and, following tough negotiations with industry stakeholders, the slightly amended News Media Bargaining Code was eventually passed by the Australian…

Introduction A few weeks ago, the “International Instrument on Permitted Uses in Copyright Law” (hereinafter, the Instrument) was published with open access. The Instrument is the outcome of an international academic initiative that brought together around twenty outstanding copyright experts from various countries around the world. The group of experts convened its first meeting in…