Photo by Caught In Joy on Unsplash
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

UpstateNYer, CC BY-SA 3.0, via Wikimedia Commons
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

Source: European Copyright Society
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

Image via Staatliche Museen, Berlin, Gemäldegalerie / Christoph Schmidt Public Domain Mark 1.0
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

Copyright: WIPO. Photo: Emmanuel Berrod. This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
WIPO negotiators appear prepared to approve a draft Broadcast Treaty that is no longer “signal-based” or limited to “traditional” (non-Internet-based) broadcasting.
 
There is a significant push at this week’s meetings of the World Intellectual Property Organization (WIPO)

Image generated with Midjourney
In the middle of 2022, three significant AI text-to-image generators were made available to the public: Dall-E 2 (April 2022), Midjourney (July 2022), and Stability Diffusion (August 2022). In addition to raising questions about ownership of outputs, infringement in training, and the future of copyright as a policy tool