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Blog BlogFacebook X LinkedIn YouTube Artificial Intelligence (AI) , China , USA Copyright Office as Pivot Between Copyright Holders and AI-Service Providers Danny Friedmann ( Peking University School of Transnational Law ) / May 15, 2024 May 15, 2024 / Leave a comment 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 solution for the emerging problems on the input and… Continue reading Case Law , Originality , Subject matter (copyrightable) , United Kingdom Bitcoin’s File Format protectable in copyright: a Wright decision? Jeremy Blum , Dhara Reddy ( Bristows LLP ) / May 13, 2024 May 13, 2024 / Leave a comment In July 2023, the Court of Appeal in Wright & Ors v BTC Core & Ors [2023] EWCA Civ 868. overturned the High Court decision in which Mr Justice Mellor found that the Bitcoin File Format (the BFF”) was not a protectable work in a copyright sense as it did not satisfy the fixation requirement… Continue reading Copyright , International Agreement , Subject matter (copyrightable) Opinion of the European Copyright Society on certain selected aspects of Case C-227/23, Kwantum Nederland and Kwantum België Mireille van Eechoud , João Pedro Quintais ( Institute for Information Law (IViR) ), Axel Metzger ( Humboldt University ), and Ole-Andreas Rognstad ( University of Oslo ) / May 2, 2024 April 29, 2024 / Leave a comment 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 protection for works of applied… Continue reading CDSM Directive , Digital Single Market , European Union , Italy The EU imperative to a free public domain: The case of Italian cultural heritage Giulia Dore ( University of Trento ) and Giulia Priora ( NOVA School of Law Lisbon ) / April 29, 2024 April 29, 2024 / Leave a comment 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 level, the competence to legislate on cultural matters is mostly left to the… Continue reading Artificial Intelligence (AI) , Canada , Legislative process Canada’s Changing AI-Copyright Policy Discourse: A Play in Three Parts? Carys J. Craig ( Osgoode Hall Law School ) / April 25, 2024 April 25, 2024 / Leave a comment In Canada, the Federal Government has just announced a $2.4 billion package of measures to secure Canada’s world-leading AI advantage.” This sum is in addition to the $2 billion of public funds already invested since 2017, when Canada became the first country in the world to launch a national AI strategy. Now, as then, the… Continue reading Infringement , NFTs , Originality , Spain First duel between NFTs and copyright before the Spanish courts: NFTs 1 – Authors 0 Juan Cuerva de Cañas ( Clifford Chance - Spain ) / April 22, 2024 April 18, 2024 / Leave a comment The rise in popularity of non-fungible tokens (NFTs) has attracted a great deal of attention from copyright practitioners and aficionados. And why is that? Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected. That is, in an NFT there can be an underlying… Continue reading Copyright , International Agreement , Legislative process Whither a Signal-Based Broadcast Treaty? Sean Flynn ( Washington College of Law ), James Love (Knowledge Ecology International), and Jonathan Band ( Policybandwidth ) / April 18, 2024 April 18, 2024 / Leave a comment 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) Standing Committee on Copyright and Related Rights to approve a Diplomatic Conference on a Broadcasting Organizations Treaty… Continue reading Artificial Intelligence (AI) , Canada , USA Generative AI and creativity: A quick analysis of US and Canadian copyright registrations for artistic works Patrick Goold ( City University of London ) / April 17, 2024 April 17, 2024 / Leave a comment 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 to encourage creativity, economists are in… Continue reading Artificial Intelligence (AI) , Software Open Source AI – definition and selected legal challenges Yaniv Benhamou ( University of Geneva ) / April 15, 2024 April 15, 2024 / Leave a comment In the generative AI era, there is a proliferation of open source claims (i.e. operators that claim to release AI models sufficiently open to be part of the open source or open innovation movement, as opposed to closed-source model), such as open source and open access foundation models (e.g. Google BERT, Meta LLaMA Large Language… Continue reading CJEU , European Union , Exceptions and Limitations Permissible Pastiche in Pelham II: A proposed response Piero Casanova ( Autonomous University of Madrid ) / April 11, 2024 April 11, 2024 / Leave a comment For 25 years, a case has been circling the German Courts like a roller coaster without a final decision. To date, the Federal Court (hereinafter BGH”) alone has ruled on the matter five times. Now, it is in the hands of the Court of Justice of the European Union (hereinafter CJEU”)– for the second time…. Continue reading Posts navigation 1 2 3 › » Get Blog Posts in your Inbox! Number 2 in Top 50 Copyright Blogs! Contributors Christina Angelopoulos CIPIL, University of Cambridge João Pedro Quintais Institute for Information Law (IViR) Brad Spitz REALEX Alina Trapova University College London Jeremy Blum Bristows LLP Gianluca Campus University of Milan Marianna Foerg Potter Clarkson LLP and King’s College London P. Bernt Hugenholtz Institute for Information Law (IViR) Martin Husovec London School of Economics Bernd Justin Jütte University College Dublin Paul Keller Institute for Information Law (IViR) Rita Matulionyte Macquarie Law School Jan Bernd Nordemann NORDEMANN Giulia Priora NOVA School of Law Lisbon Felix Reda GFF (Society for Civil Rights) Rainer Schultes Geistwert Tatiana Synodinou University of Cyprus View Posts On: AG Opinion Artificial Intelligence (AI) Authorship Case Law CDSM Directive CJEU Collective management Communication (right of) Conference Damages Database right Digital Single Market Distribution (right of) Enforcement Estonia European Union Exceptions and Limitations Exhaustion Fair Use France Germany Infringement Italy Jurisdiction Legislative process Liability Making available (right of) Moral rights Neighbouring rights Netherlands Originality Ownership Poland Press Publishers ’ Right Private copying Remedies Remuneration (equitable) Reproduction (right of) Software Spain Subject matter (copyrightable) Sweden Text and Data Mining (TDM) United Kingdom USA Kluwer IP Law News Alert Stay informed on IP law. 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