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UKIPO’s public consultation on AI and IP – computer-generated works (Part 1)
Photo by Possessed Photography on Unsplash Running from 29 October 2021 to 7 January 2022, the “Artificial Intelligence and IP: copyright and patents” consultation formed the latest round in an ongoing...
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AI Music Outputs: Challenges to the Copyright Legal Framework – Part I
Imagen de Gordon Johnson en Pixabay The creation and development of copyright law are closely connected to technological and associated business transformations (see, e.g. here). It is therefore not...
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AI Music Outputs: Challenges to the Copyright Legal Framework – Part II
Imagen de Gordon Johnson en Pixabay 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...
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Can a slogan be protected by copyright? The recent stance of the Italian...
Photo by S. Hermann & F. Richter via Pixabay An interesting case recently decided by the Italian Supreme Court (Corte di Cassazione) has focused on whether the slogan “500% FIAT” can be...
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Why do only fools and horses write original material? UK court finds...
Photo by PJ Gal-Szabo on Unsplash Introduction The Intellectual Property Enterprise Court (IPEC), part of the English High Court, has ruled that copyright subsists in the character of Derek ‘Del Boy’...
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WaterRower: Has the UK’s approach to ‘artistic works’ in copyright changed?
It seems inevitable that UK copyright law will change at some stage. It increasingly appears that judges are waiting for a case which requires the inconsistencies between EU and UK copyright law to be...
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Born to be authors: the copyright of the child
Image by bethL via Pixabay 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...
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Copyright Protection of Photographs: a Comparative Analysis Between France,...
Photo by Soragrit Wongsa on Unsplash This contribution is based on a paper published in 44 European Intellectual Property Law Review 595 (2022) Photographs are included in Article 2(1) of the Berne...
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Who holds copyright in 3D copies of repatriated cultural heritage?
Photo by awsloley via Pixabay 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,...
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AI and copyright in 2022
This post looks back at the key developments in AI and copyright in 2022, covering generative AI, text and data mining exceptions, the pastiche exception, deep fakes, voice cloning and infringement and...
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Copyright for AI-generated works: a task for the internal market?
Photo by Antoine Schibler on Unsplash 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...
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AI and Copyright: A Reply to Matt Hervey
Image by Alexandra_Koch via Pixabay 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...
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Copyright/design-cumulation under the EU ‘Design Package’
This post is based in part on the Position Statement of the Max Planck Institute for Innovation and Competition of 23 January 2023 on the ‘Design Package’, but expresses the authors’ own personal...
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Humans as Prompt Engineers
Image by Nikin from Pixabay My university, like so many others, is offering prompt engineering lessons to both students and faculty. The same is true at high schools around the world from what I can...
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Copyright in the Bitcoin File Format: a question of content over structure
Summary In the case of Wright & Ors v BTC Core & Ors [2023] EWHC 222 the High Court was faced with a technical copyright question about whether literary copyright can subsist in the file format...
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France: Le Monde’s font is original (but has not been copied by Google)
Image by Dominique from Pixabay In a case between Google and the creator of the font used by the French newspaper Le Monde, the Paris Court of First Instance (‘Tribunal Judiciaire’) has handed down a...
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The “Excitable Edgar” Dragon Copyright Case
Perhaps it comes as no surprise that a copyright dispute regarding a fire-breathing–sneezing dragon would get so heated. The case of Evans v John Lewis Plc & Anor [2023] EWHC 766 (IPEC) is a...
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Artificial intelligence, machine learning and creativity in visual art: what...
Introduction One of the main contentious points when artificial intelligence, deep learning or machine learning (for the distinction between these functionalities, see here) are used for generating...
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Artificial intelligence, machine learning and creativity in visual art: what...
Introduction Part 1 analysed an Italian case related to the copyright protection of a “floral fractal” generated via machine-learning (see RAI vs Biancheri). Even more recently, another case dedicated...
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Checklist of Issues on Generative IP
Image by Gerd Altmann from Pixabay The intersection of Artificial intelligence and Intellectual Property is complex. It involves several IP rights, some of which overlap in some cases: copyright,...
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