In 2019, the European Union (EU) introduced its Copyright in Digital Single Market (CDSM) Directive. Its Articles 3 and 4 were hailed to allow text- data-mining (TDM) for research business purposes. With public launch of numerous generative artificial intelligence (GenAI) applications, e.g. ChatGPT, Stable Diffusion, Runway, GitHub's Copilot like, these legislative norms started live their own life – a that was not initially coded into them. The TDM exceptions are generally used as reference...

This report illustrates and analyses the results of research activities conducted in framework reCreating Europe's Task 2.1. From January 2020 to June 2022, task performed an unprecedented, two-layer, comparative, EU cross-national mapping assessment sources impacting on copyright flexibilities access culture, focusing (a) statutes, court decisions, governmental policies, practices schemes field law, DSM, broader cultural (b) private ordering sources, such as standardized license agreements...

Abstract In its questions for preliminary ruling, the German Federal Court of Justice asked clarification as regards definition pastiche under EU copyright law; and, in essence, whether and how this concept applies to musical sampling. present Opinion, European Copyright Society takes view that is an autonomous law. Article 5(3)(k) InfoSoc Directive (ISD) should be read overarching provision including three forms permitted use share their underlying nature but shall judged differently. The...

Abstract The copyright protectability of outputs generated by, or with the help Artificial Intelligence (AI) is a hotly debated question in academia and by many institutions. In practice, sophisticated AI algorithms have become meaningful assistant European news industry for reporting sports (Retresco’s collaboration German Football Association), weather (textOmatic’s FOCUS Online) finance (the Guardian’s ‘Guarbot’). Furthermore, first time history court China assessed validity company’s...

Exhaustion is a fundamental doctrine of copyright law, allowing for the resale lawfully acquired copies protected subject matter without prior authorization and payment to rightholder. Following debates on parallel importation, freedom movement goods, property rights v. copyright, and, most recently, digital files, it time assess relevance sustainable economy. More precisely, this paper addresses whether upcycling (transformative redistribution materials based use pieces/copies of, inter...

The Court of Justice the European Union (CJEU) issued its Svensson decision on hyperlinks and BestWater order embedding in 2014. Both sparked a fierce debate future online activities. On one hand, both judgments evidenced considerable flexibility as they allow use to publicly available contents. Indeed, under illegally published materials might be also accepted. other decisions have read conjunction with existing CJEU case law, certain extent rulings do contradict some earlier decisions. Not...

Abstract On 15 December 2020, the European Commission submitted a proposal for regulation on single market digital services (Digital Services Act, DSA) and amending Directive 2000/31/EC. The legislative project seeks to establish robust durable governance structure effective supervision of providers intermediary services. To this end, DSA sets out numerous due diligence obligations intermediaries concerning any type illegal information, including copyright-infringing content. Empirically,...

Abstract This Opinion describes and summarises the results of interdisciplinary research carried out by authors during course a three-year project on intermediaries’ practices regarding copyright content moderation. includes mapping EU legal framework moderation, evaluation measuring impact moderation technologies access diversity, set policy recommendations. Our recommendations touch following topics: definition “online content-sharing service provider”; recognition operationalisation user...

Artificial Intelligence (AI) has become a part of our daily life, and “algorithmic creativity” similarly gained spotlight recently. From paintings to music, machines generate outputs that seem comply with various prerequisites copyright protection. The idea (and some degree the need) honour such achievements by legal protection also emerged. This article demonstrates contrary view proponents an AI-copyright regime, time not ripened for AI-copyright. core elements law - namely concept...

This editorial - written for GRUR International approaches the question of digital exhaustion via recent hype around NFTs and copyright. The paper points out that treatment as personal property might necessitate reconsideration ownership thus, ultimately, applicability doctrine to online dissemination files embodying protected subject matter, e.g. music or e-books.

Abstract With the return of Metal auf case ( Pelham v. Hütter ) to Court Justice European Union (CJEU), Luxembourg court will again be faced with question under which circumstances reproduction parts a sound recording requires authorisation. When was first argued before EU’s highest court, it revolved around concept partial and an interpretation quotation exception. In addition, defendant had proposed that national courts, in absence applicable exception, could provide for flexibility by...

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On 15 December 2020, the European Commission submitted a proposal for Regulation on Single Market For Digital Services (Digital Act, DSA) and amending Directive 2000/31/EC. The legislative project seeks to establish robust durable governance structure effective supervision of providers intermediary services. To this end, DSA sets out numerous due diligence obligations intermediaries concerning any type illegal information, including copyright infringing content. Empirically, law accounts...

Students with Duchenne muscular dystrophy (DMD) have a degenerative disease that requires ongoing changes in assistive technology (AT). The AT team needs to be knowledgeable about the and its progression order meet these students' changing timely manner. unique of students regard adaptations are discussed through three case studies, spanning from elementary high school. Each study addresses differing for each student, how changed as progressed, why some was rejected. information provided...

The Court of Justice the European Union published its much awaited preliminary ruling in Case C-263/18, Nederlands Uitgeversverbond and Groep Algemene Uitgevers (the Tom Kabinet case) December 2019. In UsedSoft (Case C-128/11), CJEU accepted exhaustion distribution right for computer programs disseminated online. Following UsedSoft, tried to refine view on (digital) exhaustion, but many subsequent judgments (e.g. Nintendo, Art & Allposters, Svensson, Stichting Leenrecht, Renckhoff)...

Some generative AI (GenAI) companies have acquired the power to extract copyright-protected works from anyone in their orbit without prior authorisation. These monopolistic abuses could potentially disrupt market for these copyrighted works, hence grounds several lawsuits US, EU and UK. Indeed, creative industry will be greatly affected by this phenomenon, let alone rightsholders Global South including Association of Southeast Asian Nations (the ASEAN) who been suffering ineffective...

In the platform age, copyright protected contents are primarily disseminated over internet. This model poses various challenges to regime that was mainly designed in and for analogue age. One of these is related fair balance between interests rightholders other members society. Copyright norms try guarantee this by granting a high level protection preserving some flexibility end-users. The present article focuses on whether platforms' end-user license agreements contribute preservation...