Authorship

Authorship, CDSM Directive, Contract, Digital Single Market, European Union, France, International Agreement, United Kingdom, USA

(Potter Clarkson LLP and King's College London)/ /1 Comment

Professor of Literary and Artistic Property Law at the Columbia Law School Jane C. Ginsburg recently visited London, where she delivered her lecture in memory of a well-known legal scholar – Professor William (Bill) Rodolph Cornish. Described as “an intellectual property pioneer and modern legal historian”, his untimely death in January 2022 was a blow…

Artificial Intelligence (AI), Australia, Authorship

(Macquarie Law School)/ /1 Comment

Recently, the German photographer Boris Eldagsen won a prestigious Sony World Photography Awards competition. After the winner was announced, the photographer disclosed that the image he submitted to the photography competition was generated through the use of an AI system and refused to accept the award. This has provoked a public discussion on whether AI…

Authorship, Case Law, Exceptions and Limitations, Germany

, (NORDEMANN)/ /Leave a comment

The implementation transposition of the Copyright Directive 2019/790 (DSMD) in the summer of 2021 represented probably the greatest reform in German copyright law since the German Copyright Act (UrhG) came into force. Germany’s implementation of Art. 17 DSMD was discussed in an earlier blog post by Julian Waiblinger and Jonathan Pukas. The other changes to…

Artificial Intelligence (AI), Authorship, Infringement, Originality

(Vanderbilt University Law School)/ /1 Comment

The recent blog post by Matt Hervey provides an interesting summary by someone who clearly has a good understanding of the subject matter. It does seem a bit one-sided in making it sound (to me, anyway) like people, governments or courts who oppose copyright protection of AI-generated works are fighting a rear guard battle and…

Artificial Intelligence (AI), Authorship, European Union, Legislative process, Originality

(University College London)/ /Leave a comment

Works generated through complex AI systems, such as machine learning and text-to-image generation models, have recently stirred up many discussions and even given rise to lawsuits (here and here). Voices emerged questioning whether current EU copyright laws should be amended in light of the many AI-generated works that have come about. One important question has…

Authorship, Originality, Ownership, Reproduction (right of)

(University of Manchester)/ /Leave a comment

It is a common practice to make copies of deteriorating or far away cultural heritage. As of 2022, it is not even a new idea to use digital methods to copy heritage, considering that the mass digitisation of cultural heritage, especially books, started more than two decades ago. But we should also recognise the current…

Authorship, CJEU, European Union, Originality, Subject matter (copyrightable), United Kingdom

(University of Sussex)/ /4 Comments

Children provide a unique contribution to the discourse on creativity, copyright and intellectual property. From their ability to engage with colours and sounds as babies to the rich and extensive portfolio of works they create during their school years, children are constantly engaging in the process of authorship. A systematic study on the copyright of…

Artificial Intelligence (AI), Authorship, Digital Single Market, European Union, Originality

(Institute for Information Law (IViR) and Centre for International Intellectual Property Studies (CEIPI)), , (Institute for Information Law (IViR)), and (Vanderbilt University Law School)/ /Leave a comment

This post is the second instalment of an analysis of a recent report, a part of the reCreating Europe project, on the application of EU copyright and related rights law to outputs generated by or with the assistance of artificial intelligence (AI) systems, tools or techniques (AI outputs), with a focus on outputs in the…

Artificial Intelligence (AI), Authorship, European Union, Jurisdiction, Originality

(Institute for Information Law (IViR) and Centre for International Intellectual Property Studies (CEIPI)), , (Institute for Information Law (IViR)), and (Vanderbilt University Law School)/ /Leave a comment

The creation and development of copyright law are closely connected to technological and associated business transformations (see, e.g. here). It is therefore not surprising that progress in AI technologies and their deployment in the creative sector creates new opportunities and challenges for the law, creators (authors and performers), and rightsholders. What is perhaps different with…