The EU laws on digital services (Digital Services Act – DSA) and artificial intelligence (AI Act, cited here according to EP document P9_TA(2024)0138 of 13 March 2024) are intended to ensure safety and trustworthiness on the Internet and in dealing with AI. These overall aims also include the protection of copyright and related rights. The…
The testimony was properly excluded—and without it, the software company could not prevail on its copyright claims. A Detroit federal court correctly found that a software designer moved too late to introduce expert testimony supporting the copyrightability of its source code, the U.S. Court of Appeals for the Sixth Circuit has held. The court, in…
Today marks the fifth anniversary of the entry into force of the Directive on Copyright in the Digital Single Market. It is hard to remember how divisive and controversial the Directive was during its creation. The Directive’s most controversial provision – Article 17 – which brought hundreds of thousands of people onto the streets and…
In February 2024, the Court of Appeal in New Zealand (the Court) issued a judgment on a long-running matter between a separating couple looking to sort out their property. The appellant, Ms Alalääkkölä, was an artist who had created copyrighted works throughout her career. Her former spouse, Mr Palmer, argued that the copyright in those…
On 7 May 2024, Open AI published its approach to data and AI (ADAI). This statement sets out OpenAI’s vison for a ‘social contract for content in AI’. In this vision, OpenAI shares its own perception of its contribution to creative ecosystems, but also its understanding of some of the legal implications of its business…
As the environmental crisis escalates due to overproduction and overconsumption, there is an increasing recognition of the urgent need for environmental consciousness and a shift towards a sustainable, circular economy (see, in the intellectual property context, Pihlajarinne & Ballardini (2020), Senftleben (2023), Calboli (2024)). Upcycling, notably, which involves reworking old items or their parts into…
The AI Law Proposal: general context and subject matter On 23 April 2024, the Italian government published the text of a draft law introducing regulatory provisions concerning the use of Artificial Intelligence systems to the Italian legal system (“AI Law Proposal”) (here). The text has been approved by the Council of Ministers and…
On 21 March 2024, the Court of Justice of the European Union (CJEU) issued its ruling in case C-10/22 Liberi Autori ed Editori (LEA) v. Jamendo SA. The decision confirms that Independent Management Entities (“IMEs”) can provide their copyright management services in the European Union (EU) alongside Collective Management Organizations (“CMOs”). National legislation in one…
The Court of Justice of the European Union (CJEU) is about to write yet another chapter in the never-ending, or so it seems, ‘Metall auf Metall’ saga. The facts of the case are all too familiar by now: in 2004, German band Kraftwerk took hip hop producer Moses Pelham to court for copyright infringement after…
The forthcoming article “Creation and Generation Copyright Standards” to be published in NYU JIPEL 2024 (see pre-publication version here) analyses and critiques the different standards for copyright eligibility between expressive works and generative products in the U.S. and China. This blog post focuses on a balanced solution for the emerging problems on the input and…
