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 –
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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…
Report on a roundtable on academic publishing and genAI deals – GenAI and copyright series at the Institute of Brand and Innovation Law
Being an academic is a vocation. We are not in it for the money (hopefully), but mostly (hopefully) for the impact that we can make on our students’ and colleagues’ lives, as well as to contribute to the process of healthy law and policy-making. It is a job with lots of responsibility, joys, surprises and…
First draft of the General-Purpose AI Code of Practice has been released
Photo by Mohamed Nohassi on Unsplash
The European AI Office is currently facilitating the drawing-up of the General-Purpose AI Code of Practice (the “Code”). The European Commission published the first draft of the Code on 14 November 2024. Further drafts are to be prepared, with the final version of the Code forecast to be released…
A first look at the Spanish proposal to introduce ECL for AI training
A few weeks ago, the Spanish Ministry of Culture released a legislative proposal aimed at introducing extended collective licensing (ECL) for the development of general-purpose AI models. The first of its kind, the “Draft Royal Decree to regulate the granting of extended collective licenses for the massive exploitation of works and other subject matter protected…
Rowing nowhere? Long awaited IPEC judgment confirms UK law on works of artistic craftsmanship is incompatible with EU law
The long-awaited and much anticipated judgment of the Intellectual Property Enterprise Court (“IPEC”) in Waterrower (UK) Limited v Liking Limited (t/a TOPIOM) [2024] EWHC 2086 (“WaterRower”) was finally handed down last month. IP practitioners and the wider design community have been eagerly awaiting the decision as it was expected to be the first UK decision…