My university, like so many others, is offering prompt engineering lessons to both students and faculty. The same is true at high schools around the world from what I can see. Cool professors have already modified their exams to ask students to write a prompt that could be submitted to a Large Language Model (LLM). …

On 20 April 2023 in the joined cases Blue Air ( C-775/21) and  SNTFC (C-826/21) the CJEU pronounced once again on the infringement of the right of communication to the public, making a further contribution to the already rich case law in this field. This time the questions related to the existence (or not) of…

Professor of Literary and Artistic Property Law at the Columbia Law School Jane C. Ginsburg recently visited London, where she delivered her lecture in memory of a well-known legal scholar – Professor William (Bill) Rodolph Cornish. Described as “an intellectual property pioneer and modern legal historian”, his untimely death in January 2022 was a blow…

“No artist starts from scratch in a vacuum”. This finding of the Berlin Regional Court seems obvious. But copyright law faces daunting challenges when copyrighted material not only inspires a creative process, but becomes the very object of it. From Italian opera to Andy Warhol to memes – incorporating and referencing other works has always…

In March 2022 the U.S. Supreme Court agreed to review the Second Circuit’s ruling that Andy Warhol’s series of colorful prints and drawings of Prince were not transformative fair uses of Lynn Goldsmith’s photograph (for a previous comment on this case, see here). Vanity Fair magazine had commissioned Warhol’s artwork in 1984 to accompany an article…

The members of the European Copyright Society (ECS) have recently sent a letter to Mr. Thierry Breton (Commissioner for Internal Market, European Commission) outlining their view of what should be the priorities for a future agenda in the field of copyright law. The letter is available here and its contents are reproduced below.   The…

The Italian Antitrust authority (AGCM) has launched an investigation to assess whether the conduct of META towards SIAE, the largest Italian copyright collecting society, is unlawful due to abuse of economic dependence (for a previous post on the copyright dimension of the META v. SIAE dispute, see here). Let’s start with the background. META and…

The booming industry of generative artificial intelligence (AI) is facing its first regulatory attempt in China. On April 11th, the Cyberspace Administration of China released a draft of the Regulation for Generative Artificial Intelligence Services (the ‘draft Regulation’) for public consultation, which includes 21 articles detailing the proposed regulatory framework for the generative AI industry….

The H2020 project reCreating Europe performed an unprecedented mapping of EU and Member States’ sources on copyright flexibilities. Part I of this blog post explained the mapping of EU sources and their conclusions. Part II deals with the comparative analysis of the law of all 27 Member States, with related comparative findings. The mapping of…