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FutureNewsCorp, or how the AI Act changed the future of news
Abstract
Inspired by scenario writing methods to foster discussion on the societal implications of technology and regulation, the paper develops a ‘legal fiction scenario’ to anticipate the impact of the proposed European AI Act and examine some of the regulatory choices made. The paper tells the story of FutureNewsCorp – the largest news media company in Europe in the year 2043. The story of FutureNewsCorp is used for a critical analysis of the most recent draft of the AI Act and here, in particular, of the role of standardisation bodies and the division of responsibility between providers of AI systems and their professional users. Using the scenario method, the paper demonstrates that regulations like the planned AI Act can result in a shift of the power to decide what responsible use of AI is - from regulators and editors to technology developers and standardisation bodies - and that in doing so it may contribute to changing the structure and workings of an entire sector.
Links
AI Regulation, Journalism
RIS
Bibtex
Hof van Justitie legt de online reclame sector het vuur aan de schenen download
Opinion of the European Copyright Society on certain selected aspects of Case C-227/23, Kwantum Nederland and Kwantum België external link
Abstract
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 art not protected in their country of origin. The Kwantum case (C-227/23), involving a dispute over a work of design or applied art, questions the application of the reciprocity test in light of harmonized copyright law and the Court of Justice of the EU (CJEU) decision in RAAP (C-265/19). The Dutch Supreme Court seeks clarity on whether EU law mandates copyright limitation through reciprocity, especially concerning non-EU right holders.
RIS
Bibtex
EU copyright law roundup – first trimester of 2024 external link
Law and the political economy of AI production
Abstract
The governance of artificial intelligence (AI) is at a historical juncture. Legislative acts, global treaties, export controls, and technical standards are now dominating the discourse over what used to be a predominantly market-driven space. Amidst all this frenzy, this paper explains why none of these projects will achieve ‘alignment’ of AI with the prospect of a sustainable model of production authentically committed to the rights and freedoms of people and communities. By reflecting on the role of law in consolidating the visions and logics of few multinationals in the global value chains of AI, it warns against the peril of regulating AI without looking at the methods and logistics of its material production. Following a detailed overview of the various (techno-)legal ways through which law enables the flow of materials, capital, and power from Global South to Global North, and from small players to lead firms, the paper concludes with some preliminary thoughts on a transformative agenda for the transnational regulation of infocomputational production.
Links
RIS
Bibtex
De sluipende invloed van de EU-datastrategie download
D5.6 – Policy Brief 1: Music Metadata Mainstreaming and EU Law download
Abstract
In order to enable composers, performers and the music industry to benefit from licensing opportunities in the field of new technologies, such as AI training, it is important to establish a comprehensive music metadata infrastructure that improves the visibility and accessibility of the European music repertoire in digital and algorithmic environments. Recognizing the need for metadata improvement, various European initiatives aim to increase awareness among artists and rightholders, and to build bridges between existing metadata collections and infrastructures. One central factor in the equation, however, has remained underexplored and underused to this day: despite the prohibition of formalities in the Berne Convention, it is conceivable to employ legal mechanisms, such as the notification of work-related information under Article 17(4)(b) of Directive 2019/790 on Copyright in the Digital Single Market, the opt-out mechanism relating to text and data mining that follows from Article 4(3) of the same Directive, and the EU rules on collective rights management, as well as the broader legal framework applicable to data spaces as vehicles to impose an obligation on rightholders to constantly provide updated music metadata in standardised form. If information stemming from these channels is pooled, the resulting accumulation of EU copyright data could lead to a promising reservoir of music metadata that is capable of enhancing and boosting licensing opportunities.
Copyright, metadata, music
RIS
Bibtex
§ 16 Digital Trade download
Abstract
This contribution on the TCA digital trade chapter unpacks the regulatory context, provides a commentary of the substantive provisions, and offers a comparative analysis of the TCA digital trade chapter with other trade deals of the EU and of other key players. One of the key issues of the EU-UK negotiations had been calibrating the interplay between the commitments on cross-border data flows and the protection of
personal data and privacy, which merits a special focus in this contribution. It is here that the TCA digital trade chapter signifies an interesting new modification of the EU external trade strategy at the interface between trade and privacy, with potentially important consequences for both the EU and the UK. The contribution concludes with an appraisal and an outlook.
Cross-border data flow, Digital trade, EU-UK TCA, Personal data protection