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…

In July 2023, the Court of Appeal in Wright & Ors v BTC Core & Ors [2023] EWCA Civ 868. overturned the High Court decision in which Mr Justice Mellor found that the Bitcoin File Format (the “BFF”) was not a protectable work in a copyright sense as it did not satisfy the fixation requirement…

This blog post contains an edited version of the European Copyright Society’s Opinion on Case C-227/23, Kwantum Nederland and Kwantum België.   The Berne Convention underscores the national treatment of foreign authors, allowing Union states to protect designs through various means. Article 2(7) introduces a material reciprocity test, limiting copyright protection for works of applied…

For more than seven decades, international law has consistently led countries to embrace culture as a global and cross-border value for humanity. The human right to cultural participation has become a pillar of protecting and empowering individuals and communities. At the EU level, the competence to legislate on cultural matters is mostly left to the…

In Canada, the Federal Government has just announced a $2.4 billion package of measures “to secure Canada’s world-leading AI advantage.” This sum is in addition to the $2 billion of public funds already invested since 2017, when Canada became the first country in the world to launch a national AI strategy. Now, as then, the…