Europe’s Human Rights Court rules for the first time on a breach of a copyright holder’s right to property in a private dispute

Journal of Intellectual Property Law & Practice, vol. 17, iss. : 11, pp: 896–898, 2022

Abstract

The European Court of Human Rights has recently ruled that the domestic courts’ failure to justify the grounds for dismissing the applicant’s copyright infringement claim in a private-party dispute concerning the unauthorized online reproduction of the applicant’s book breached the latter’s human right to property. Notably, the Court was not satisfied with the fact that the national courts had not persuasively explained their conclusions regarding the applicability in the applicant’s case of digital exhaustion and of copyright exceptions for libraries and private copying.

Copyright, Human rights

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Final Report Perspectives Authors and Performers download

Poort, J. & Pervaiz, A.
2022

Abstract

This is the final report of work package 3 and focuses on Authors and Performers and their experience with digital and disruptive factors and how they impact them professionally and financially. The report is based on the results derived from a survey that targets artists from diverse creative fields within the European Union (EU). The first part of the report is the methodology section, where we discuss the research design. It discusses in detail the methods used in preparing the survey – from inception to execution. This is followed by an extensive data analysis section that provides descriptive results followed by analysis of the results both empirically and from interviews. The report then ends with a discussion section and conclusions.

Copyright

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AI Music Outputs: Challenges to the Copyright Legal Framework – Part I external link

Kluwer Copyright Blog, 2022

Artificial intelligence, Copyright, frontpage, muziek

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AI Music Outputs: Challenges to the Copyright Legal Framework download

2022

Abstract

This report examines 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 musical domain. The Report examines the question: How can and should EU copyright and related rights law protect AI musical outputs? The interdisciplinary (legal and empirical) research involves: (i) analyzing of the protection of AI outputs under EU copyright and related rights law; (ii) examining the attribution of authorship and ownership to (natural and legal) persons involved in the creation or production of AI outputs; (iii) proposing interpretative guidelines and policy recommendations on increasing legal certainty regarding the protection, authorship, and ownership of copyright and related rights over AI outputs, especially music outputs.

Artificial intelligence, computer-generated works, Copyright, EU, Intellectual property, music, originality, related rights

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The rise of NFTs: These aren’t the droids you’re looking for external link

European Intellectual Property Review, 2022

Abstract

Non-fungible tokens (NFTs) are hailed as revolutionary tools that will empower artists and revolutionize copyright management and remuneration. This article explores their copyright relevance, and it describes how copyright might apply in relation to NFT creation and trading. In doing so, it provides an overview of the ecosystem of actors built around NFTs, and it analyzes the role of these actors according to the European copyright normative framework.

blockchain, Copyright, digital art, frontpage, non-fungible tokens

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A Proposal to leverage Article 17 to build a public repository of Public Domain and openly licensed works external link

Reda, J. & Keller, P.
Kluwer Copyright Blog, 2021

Art. 17, Auteursrecht, Copyright, frontpage, public domain

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Public Sector Information Reuse and Copyright download

Copyright, public sector information

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EU copyright law round up – second trimester of 2021 external link

Trapova, A. & Quintais, J.
2021

Art. 17 CDSM Directive, Article 17, Copyright, frontpage

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Commission’s Guidance on Art. 17 CDSM Directive: the authorisation dimension external link

Art. 17 CDSM Directive, Article 17, Charter of Fundamental Rights of the European Union, Copyright, frontpage

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