The commercial teaching kit use the artist’s works in their entirety and encouraged the students to create their own art based on them.
An art center that sold “art kits” for use by children made a fair use of six of an artist’s works that it included in full in its kits because it drew
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Navigating User Lawfulness in European Copyright Law: From Lawful Use to Lawful Access
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The concept of lawfulness in relation to user status or user acts has been gradually established in EU digital copyright law as a condition for the enjoyment of certain copyright exceptions.
However, the concept has proliferated inconsistently, lacking a clear normative content and shape. There is variant terminology: “lawful acquirer of…
The long and bumpy road to copyright for the digital market – the implementation of the CDSM in Poland – Part I
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Introduction
It took more than three years after the deadline to implement the CDSM Directive in Poland. The new copyright law, the amended Polish Copyright and Related Rights Act of 1994, entered into force in the early autumn of 2024.
Poland is the last country, after Bulgaria, to implement…
Copyright’s critical mess: music metadata
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Introduction
Ever since digital online transactions became ubiquitous from the late 1990s onward, the copyright world has been grappling with metadata problems. Metadata can generally be defined as “data about data”, where for example the musical recording is the central data point, and the song’s title, composer(s), performer(s), etc. are the metadata.…
Safeguarding Access to Culture in the Digital Era in European Copyright law
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Digitalization has transformed the way in which we obtain access to copyright-protected content and for how long we can preserve access. Traditionally, the purchase of the tangible copy of a work afforded the buyer or every lawful acquirer of the tangible copy the possibility to enjoy the work as long as…
Reconceptualizing the Reproduction Right in the age of AI
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We have so far seen a considerable (and increasing) discussion on AI and copyright infringement, especially in terms of how current exceptions such as TDM and fair use apply and whether new exceptions or remuneration models are needed. One question on which there has been little discussion is whether the reproduction right…
Is Pastiche an Autonomous Concept of EU Copyright Law? Hearing of Pelham II in the CJEU – Part II
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Welcome back for the second part of the C-590/23 Pelham II hearing commentary. In part one (here), we covered the interpretation of pastiche. However, a very interesting topic arose in the Court’s pre-emptive questions, and during the oral questions: the interaction of “pastiche” with Article 17 CDSM…
Is Pastiche an Autonomous Concept of EU Copyright Law? Hearing of Pelham II in the CJEU – Part I
Photo by Etienne Girardet on Unsplash
On 14 January 2025, the Court of Justice of the European Union (CJEU) heard oral arguments in the much-anticipated case C-590/23 Pelham II, where the German Federal Court submitted a request for preliminary ruling on the interpretation of “pastiche”. The purpose was to ascertain whether a two-second sample…
Open Source Artificial Intelligence Definition 1.0 – A “take it or leave it” approach for open source AI systems?
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Background
This blog post follows a previous post that discussed what constitutes “open source” AI, in particular in light of the EU AI Act. This post continues the discussion, in particular in light of the revision of the Open Source AI Definition (“OSAID”) released at the end of…
Rock on – Court of Appeal dismisses appeal against High Court’s refusal to strike out claims in Jimi Hendrix Experience litigation
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In Noel Redding Estate Ltd & Anor v Sony Music Entertainment UK Ltd [2025] EWCA Civ 66, the Court of Appeal has dismissed an appeal against the High Court’s refusal to grant summary judgment or strike out copyright and performers’ rights claims regarding the exploitation of the studio albums of…