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
Kluwer Copyright Blog
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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…
European Copyright Society Opinion on CJEU MIO/konektra cases
Yesterday, the European Copyright Society (ECS) published its Opinion on the CJEU MIO/konektra cases C- 580/23 and C-795/23 (originality and infringement test of works of applied art). The Executive Summary is reproduced below and the full Opinion is available here: ecs-opinion-mio-konektra.pdf
Executive summary
Background. In Cofemel, the CJEU recognized that (i) the standard test…
Australia’s proposed Guardrails for High-Risk AI and Copyright Law
Photo by engin akyurt on Unsplash
As the discussion on AI regulation is intensifying around the globe, the Australian Government’s Department for Industry, Science and Resources has recently announced Safe and responsible AI in Australia: Proposals paper for introducing mandatory guardrails for AI in high-risk settings. The Proposals Paper is strongly influenced by the…
Copyright, the AI Act and extraterritoriality
Generated with OpenAI’s DALL-E 3 model based on a prompt corresponding to the wording of Recital 106 AI Act
Introduction
The interaction between the AI Act (Regulation 2024/1689) and the exceptions for text and data mining (TDM) in the CDSM Directive is one of the most important topics in EU copyright law today.…