Generative AI and copyright: Convergence of opt-outs?
…language contained in the European Parliament’s report on the AI Act, the second obligation is new. It would introduce the first (and only) explicit reference to the existing EU copyright…
Search Results for: %22recreating europe%22
Copyright Exceptions and Digital Exhaustion addressed by the European Court of Human Rights (yes, the one in Strasburg!)
Photo by Udo Pohlmann via Pixabay Over the last decades, European lawyers got used to the – at times remarkable and even forceful – interventions of the Court of Justice…
Contradictions of Computer-Generated Works’ Protection
…European Union (see Blaszczyk). They may, however, be protectable in the United Kingdom (UK), whose legislators provided protection to computer generated works at the expense of statutory consistency and doctrinal…
Generative AI, Digital Constitutionalism and Copyright: Towards a Statutory Remuneration Right grounded in Fundamental Rights – Part 2
…authors vs. publishers to ensure an appropriate share of the revenues obtained from information society service providers. However, European copyright law appears still in its nascent phase as regards statutory…
Artificial Intelligence (AI), European Union, Infringement, Legislative process, Text and Data Mining (TDM), USA
Generative AI, Digital Constitutionalism and Copyright: Towards a Statutory Remuneration Right grounded in Fundamental Rights – Part 1
…AI through the extraction and mining of copyrighted works constitutes a copyright infringement or falls within an exceptions and limitations regime which varies from Europe to the United States and…
Creative reuse online: How can all forms of creativity be supported?
…since the Information Society Directive, European copyright law has preferred to protect and incentivise online business models over creativity. This post reflects on the role of exploiters, namely copyright holders…
The Parody Exception: Revisiting the Case for a Distinct Pastiche Exception
…Presently, a new reference from the German Federal Court of Justice (BGH) asks the Court of Justice of the European Union (CJEU) for vital interpretive guidance concerning the parody exception…
AG Opinion, Authorship, Case Law, CDSM Directive, CJEU, Communication (right of), Digital Single Market, European Union, Legislative process, Liability, Originality, Private copying, Round-up, Text and Data Mining (TDM)
EU copyright law round up – third trimester of 2023
…Corporation v European Commission, T-127/21 On 27 September 2023, the General Court in its extended composition delivered a judgment concerning geoblocking, the video game platform Steam and competition law. In…
The next chapter in the “Metall auf Metall” saga – Pastiche to be clarified by the CJEU
…of the sound sequence before 22 December 2002. 22 December 2002 to 7 June 2021: Copyright infringement However, from 22 December 2002, the sampling can no longer be considered…
CJEU, Communication (right of), European Union, Exceptions and Limitations, Infringement, Private copying
Internet TV services under the scrutiny of EU copyright law: CJEU ruling in Ocilion
Photo by Kelly Sikkema via Unsplash With the Court of Justice of the EU (CJEU) restarting its activities after the vacation break, we look back to one of the late-summer…