Keyword: Copyright
DPG Media et al vs. HowardsHome – the second instance Dutch ruling on the press publishers’ right and TDM exceptions external link
The Herchel Smith Intellectual Property Lecture 2025: Reconciling AI innovation with copyright values: why reliance on individual licences is not enough download
Abstract
To ensure appropriate remuneration for the use of human literary and artistic works in the development and exploitation of generative AI models, both individual licensing and collective remuneration solutions have been proposed. The following analysis sheds light on the heated discussion about the best remuneration mechanism and contrasts the current trend towards individual licensing with potential advantages of collective approaches that take AI output as a reference point. An assessment of the various regulatory options in light of competing policy objectives – fair remuneration on the one hand, broad access to training resources for culturally diverse AI on the other hand – concludes the discussion.
Artificial intelligence, Copyright, Intellectual property
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Beyond Related Rights for Deepfakes: Strict Retention of Control, With Fair Remuneration for Limited Exploitation Desire? Empirical Insights from Dutch Music Creators
Abstract
The growing opportunities and risks associated with deepfake technology have led to legislative proposals following a copyright and related rights approach in countries including the Netherlands and Denmark. First, this article compares the (private member's) bills from both countries. The Dutch approach, which involves a related 'deepfake right' for everyone, is particularly inappropriate, not least given the risks of such a proprietary regime and the adequate existing legal framework for non-artists. Second, based on the results of a recent survey among music creators in the Dutch music sector, the analysis in this article demonstrates that the related rights approach is equally unsuitable for performing artists specifically. Third, alternative solutions are set out to address the legal challenges facing the creative sector with regard to consent and fair remuneration for the use of deepfakes, such as the risk of signing away rights. In particular, residual remuneration rights and unfair contract terms regulation are conceptualised for this context.
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Copyright, deepfakes, music, Neighbouring rights, Regulation
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The Concept of Lawful Access and Its Implications for User Freedoms in the EU Copyright Acquis: Opinion of the European Copyright Society external link
A Human Right to AI Remuneration? What Human Rights Law Tells Us Copyright Owes Creators external link
Abstract
AI remuneration may be defended in the name of creators' human rights while leaving creators themselves with little or nothing. This article examines that tension through international human rights law, which protects creators' material interests without equating them with the transferable economic rights under copyright law. It argues that the current EU framework, based on the text and data mining exception and the possibility of licensing following rights reservations, cannot be assumed to protect original creators merely because it allows copyright owners to obtain remuneration. Proposed alternative remuneration mechanisms seek to address this problem by directing economic benefits more closely towards creators. But whether these alternatives genuinely protect creators' material interests is itself a question of human rights law, one that cannot be answered simply by pointing to the benefits they provide. Output-based levies may support the creative community without necessarily protecting the material interests of individual creators whose works were used in AI training; statutory or residual remuneration rights may yield individual payments too small to provide meaningful material protection. Human rights law offers no "magic" remuneration model, but calls for examining whose interests different mechanisms protect, how effectively, and whether individual and collective approaches can complement one another.
Artificial intelligence, Copyright, Human rights, remuneration
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Human Rights and IP before the European Courts: What Four Decades of Case Law Reveal about European Copyright Law external link
Reconciling EU Copyright Protection With the Right to Research : Why We Need a General Research Exemption (Now!) download
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Copyright, right to research
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Transforming Copyright Exceptions Into User Rights download
Abstract
In EU copyright law, the protection of the right to intellectual property is the rule, and breathing space for competing fundamental rights, such as freedom of expression, is the exception. While formally recognizing the need to balance protection interests against other fundamental rights and values, the Court of Justice of the European Union (CJEU) fails to give users relying on competing fundamental rights a robust position in the copyright system. The Court has developed a meaningless “user rights” rhetoric that produces the false impression of affording users – in line with the equal rank of their rights in the Charter – the chance of meeting right holders as equals. In practice, however, the Court insists on the reconciliation of competing rights within the confines of copyright legislation. As a result, the specific requirements for invoking exceptions and the open-ended three-step test become stumbling blocks that can easily thwart the assertion of competing fundamental rights. To develop meaningful user rights, it would be necessary to introduce upfront gatekeeper requirements that prevent illegitimate infringement claims from the outset when competing fundamental rights are at stake.
Copyright, exceptions, user rights
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The AI Act and Author Remuneration – A Model for Other Regions? download
AI Act, Copyright, remuneration