Image by Aristal Branson from Pixabay
The EU AI Act contains some provisions that have a copyright connection. Examples are the obligation for providers of general-purpose AI models to establish a policy to respect the rights reservation in Art. 4(3) DSM Directive 2019/790 (Art. 53(1)(c) AI Act) and their obligation to provide a sufficiently detailed
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Copyright case: Flynn v. McGraw Hill LLC, USA
By Site Admin
Claims arise out of publication of textbooks in electronic format.
Several textbook authors, purporting to represent a class, have stated a claim for breach of contract arising out of publisher McGraw Hill LLC’s unilateral decision to cease or reduce royalties for the authors’ textbooks sold in electronic form (“ebooks”), the United States Court of Appeals…
Top 10 Posts on the Kluwer Copyright Blog in 2024
As we enter a new year, we would like to take this opportunity to pass on our best wishes for 2025 to all of our readers, as well as reflect on developments in copyright over the past year. Last year was another busy one in the copyright world, with an increasing focus on the relationship…
DPG Media et al vs. HowardsHome – A national ruling on DSM’s press publishers’ rights and TDM exceptions
Photo by Matt Popovich on Unsplash
Introduction
The 2019 Copyright in the Digital Single Market (DSM) Directive is a complex legislative text that raises several questions of legal interpretation. Increasingly, these questions are making their way to national courts. A recent example is the Dutch case ruled upon by the Amsterdam District Court (“the court”)…
German news on the EU liability concept for indirect infringers of copyright: A push forward by the BGH for communication to the public – and a step back for reproduction
Image by Ronile from Pixabay
There is news from Germany on the EU liability concept for indirect infringers. The German Federal Supreme Court (Bundesgerichtshof – BGH) has ruled on the liability of online marketplaces for copyright infringement by their users when uploading copyright infringing photographs. This is the BGH judgment of 23 October 2024 –…
The dubious utilitarian argument for granting copyright in AI-generated works
In a recent chapter, Ryan Abbott and Elizabeth Rothman present the utilitarian argument for granting copyright in AI-generated works (hereafter AIGW). Aspects of their argument also find expression in the recently launched UK Intellectual Property Office (UKIPO) consultation on AI. In response, this post outlines my scepticism. The utilitarian arguments supporting copyright in AIGW…
EU copyright law roundup – fourth trimester of 2024
Photo by Markus Spiske on Unsplash
Now that 2024 is behind us, it’s time to report on the fourth trimester. Here is our final roundup of that AI-rich year. This post marks the fourth year of running this series on our blog. In it, we provide updates on key developments in EU copyright law from…
Sealing the Exhaust Valve
Photo by Igal Ness on Unsplash
On 23 October 2024, the five-year dispute between Valve and UFC-Que Choisir has come to a close. With the French Supreme Court upholding the Paris Court of Appeal’s decision, and ruling that consumers cannot resell digital copies of videogames distributed online. Putting the final seal on the question of…
Licences for out of commerce works: the state of play
The Lawyer’s Office – 1628 – Rijksmuseum, Netherlands – Public Domain
This post was first published on the Europeana Pro website.
The out of commerce works ‘legal solution’ simplifies rights clearance, helping cultural heritage institutions to make materials from their collections that are not in commercial circulation available online. In some circumstances, it requires…
EU countries call for legislation on international application of EU copyright law
Image by Dimitris Vetsikas from Pixabay
Ministers from six European countries (Belgium, Denmark, Finland, France, The Netherlands and Sweden) have written a joint letter to the European Commission regarding the need for a legislative proposal on rules and boundaries of international application of EU law on copyright and neighbouring rights. The English version of the…