We have some exciting news. The Kluwer Copyright Blog is going through a makeover! The blog’s layout will be updated from the middle of July. This means that for the first half of July we will not be posting as the systems are being updating. Nonetheless, there is a lot to catch up with –... Continue reading| Kluwer Copyright Blog
Welcome back to Part II of the analysis of AG Emiliou’s Opinion in C-590/23 Pelham II. In Part I (here), we analysed the interpretation of pastiche as an autonomous concept of EU law, along with its defining features. In this Part II, we turn to the balancing of fundamental rights. Here, the AG ventures into... Continue reading| Kluwer Copyright Blog
The long-awaited opinion of Advocate-General (AG) Emiliou in C-590/23 Pelham, the enduring dispute between the electronic music group Kraftwerk against hip-hop producers, and their production company Pelham GmbH, has now been published. For those who had not been following the developments, the case has once again reached the Bundesgerichtshof (BGH), Germany’s Federal Court of Justice,... Continue reading| Kluwer Copyright Blog
The role of copyright rules in the regulation of artificial intelligence (AI) continues to dominate legal discussions in 2025. With new case law, legislative initiatives, and regulatory developments unfolding across jurisdictions, the dialogue on how copyright interacts with AI models and systems – particularly around training data, authorship, and lawful use – has only grown... Continue reading| Kluwer Copyright Blog
In an age where digital access defines education, research, and participation, European libraries face serious legal and technical barriers to lending electronic books. Despite the digital shift, outdated or restrictive interpretations of copyright law often prevent libraries from fulfilling their public mission online. A new report led by the Future Law Lab at Jagiellonian University... Continue reading| Kluwer Copyright Blog
In an era where digital access to knowledge shapes the frontiers of education, research, and participation, European libraries face significant legal and technical obstacles in lending electronic books. While the shift from paper to digital is well underway in many sectors, libraries — long seen as guardians of knowledge and enablers of equal access —... Continue reading| Kluwer Copyright Blog
The rise of generative AI and automated content generation has raised legal and ethical issues, making them a focal point in creative and technological sectors. As stakeholders navigate this new terrain, the EU AI Act appears as a benchmark regulatory framework. This blog briefly examines the transparency provisions and trade secret protection under the Act,... Continue reading| Kluwer Copyright Blog
On 4 March 2025, the London School of Economics (LSE) hosted an event dedicated to exploring the intersection of AI and IP within the creative industries. The discussion has been prompted by the recent developments in this area in the EU, the UK and the US. Four distinguished academics shared their insights on this complex... Continue reading| Kluwer Copyright Blog
On 9 April 2025, the Supreme Constitutional Court of Cyprus handed down an Opinion concerning the constitutionality of two amendments to Section 26 of Law 65(I)/2017 on collective rights management and the granting of multi-territorial licenses for online use of musical works (Reference No. 5/2024). The amendments had been enacted by the House of Representatives... Continue reading| Kluwer Copyright Blog
On 8 May, coinciding with the 80th anniversary of the end of WWII, Advocate General Szpunar delivered his long-awaited opinion in joined cases Mio/konektra (C-580/23 and C-795/23). The two cases were referred by the Svea Court of Appeal, Patent and Commercial Court of Appeal in Stockholm and the German Federal Court of Justice in cases... Continue reading| Kluwer Copyright Blog
In October 2023, several music companies (Concord, ABKCO Music & Records, Universal Music) sued Anthropic AI in the US for alleged harm to their business interests because (a) its AI chatbot, Claude, was trained with unauthorized music lyrics data and (b) Claude’s outputs in response to user queries contained copies of (parts of) these lyrics... Continue reading| Kluwer Copyright Blog
There is a bit of excitement in copyright circles about the first case referred to the CJEU that directly addresses the intersection of artificial intelligence (AI) and the EU copyright framework. The request for a preliminary ruling — Like Company v Google (C-250/25) — originates from the Budapest Capital Regional Court (Budapest Környéki Törvényszék) and... Continue reading| Kluwer Copyright Blog
The ongoing public discourse on Sustainability – meant here not in its plain-language meaning but rather in its evolving definition in law- and policy-making (see e.g. Verschuuen) – pivots, to a significant extent, on the need to promote better models of consumption and production. This need to optimize the exploitation of natural resources and reduce... Continue reading| Kluwer Copyright Blog
Introduction Not long ago, artificial intelligence (“AI”) was a concept brought to life by human actors – whether through Scarlett Johansson’s voice in Her (2013) or as Alicia Vikander’s eerie humanoid presence in Ex Machina (2014). Today, the roles have reversed: it is AI that is creating on-screen performances that appear convincingly human. From de-aging... Continue reading| Kluwer Copyright Blog
I. Introduction Not long ago, artificial intelligence (“AI”) was a concept brought to life by human actors – whether through Scarlett Johansson’s voice in Her (2013) or as Alicia Vikander’s eerie humanoid presence in Ex Machina (2014). Today, the roles have reversed: it is AI that is creating on-screen performances that appear convincingly human. From... Continue reading| Kluwer Copyright Blog
The debate on whether works protected by copyright can be used for the training of artificial intelligence (AI) has reached India. While dozens of US District Courts are currently grappling with the question of whether AI training with protected works constitutes fair use, the UK High Court is largely grappling with jurisdictional questions, and EU... Continue reading| Kluwer Copyright Blog
This week, COMMUNIA released a new report detailing unfair practices in the licensing of digital resources to libraries (as a PDF file). This report describes contractual practices identified by licensing managers from public and academic libraries across Europe during a meeting organised by COMMUNIA under the Chatham House Rule. The report also contains clauses from... Continue reading| Kluwer Copyright Blog
This two-part blog looks at the provisions that exist in library laws across European countries concerning the building of collections and what libraries can do with them. It then assesses how far the achievement of these mandated functions is frustrated by a lack of access to e-books. The first part of this blog provided... Continue reading| Kluwer Copyright Blog
This two-part blog looks at the provisions that exist in library laws across European countries concerning the building of collections and what libraries can do with them. It then assesses how far the achievement of these mandated functions is frustrated by a lack of access to eBooks. This first part introduces the issue and covers... Continue reading| Kluwer Copyright Blog
Regular readers of the Kluwer Copyright Blog may already be familiar with the excellent reviews of the first two rulings on the European Union’s new text and data mining (TDM) exception – one from Germany (see the Kneschke v. LAION ruling here, here and here) and one from the Netherlands (see the DPG Media v.... Continue reading| Kluwer Copyright Blog
Artificial Intelligence (AI), Authorship, Fair Use, Infringement, Text and Data Mining (TDM), USA| Kluwer Copyright Blog
As the environmental crisis escalates due to overproduction and overconsumption, there is an increasing recognition of the urgent need for environmental consciousness and a shift towards a sustainable, circular economy (see, in the intellectual property context, Pihlajarinne & Ballardini (2020), Senftleben (2023), Calboli (2024)). Upcycling, notably, which involves reworking old items or their parts into... Continue reading| Kluwer Copyright Blog
The case recently brought against OpenAI by the New York Times is the latest in a series of legal actions involving AI in the United States, and mirrored in other countries –notably, the UK. In order to train their technologies, should AI companies be allowed to use works under copyright protection without consent? The lawsuits... Continue reading| Kluwer Copyright Blog
