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EU copyright law round up – third trimester of 2023
Photo by Markus Spiske on Unsplash Welcome to the third trimester of the 2023 round up of EU copyright law! In this edition, we update you on what has happened between July and September 2023 in EU...
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Supermarket Showdown (Lidl v Tesco) – Lidl’s rights (trade marks and...
Photo by Steve Buissinne via Pixabay The UK High Court has held that Lidl’s rights in the Lidl logo were infringed by Tesco’s Clubcard Price(s) signs ([2023] EWHC 873 (Ch)). Specifically, the court...
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Contradictions of Computer-Generated Works’ Protection
Photo by Possessed Photography on Unsplash Recently, the United States District Court for the District of Columbia, in line with several decisions of the U.S. Copyright Office’s Review Board, found...
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U.S. Artificial Intelligence Notice of Inquiry – deadline extension
Photo by Possessed Photography on Unsplash Copyright protection in machine-generated works is not a new issue for law makers. The traditional concept of human authorship was first challenged with the...
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UK Court of Appeal rules on copyright in GUIs
Image by Kalpesh Ajugia from Pixabay00 THJ Systems Limited & Anor v Daniel Sheridan & Anor [2023] EWCA Civ 1354 concerned many issues but the one of most interesting was the correct legal...
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Are AI models’ weights protected databases?
Photo by Steve Johnson on Unsplash The ongoing Artificial Intelligence (AI) revolution has machine learning models at its core. Contrary to classic computer programs written by developers, many of...
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EU law: Generative AI, copyright infringements and liability – My guess for a...
Photo by Possessed Photography on Unsplash New year’s fatigue? Or possibly AI fatigue? But the new year has only just begun! It does seem like the topic of AI and copyright was everywhere in the...
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The Impact of REULA on Copyright Law: Navigating the Post-Brexit Landscape
Photo by Rocco Dipoppa on Unsplash The Retained EU Law (Revocation and Reform) Act 2023 (REULA) came into force on 1 January 2024 and has some significant implications for IP law. Much IP law in the...
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Egyptian Case Kurasov v. Wali: Where inspiration meets imitation in the art...
The Kurasov image is available here: Kurasov Tackling the blurred lines between counterfeiting and ingenuity in the art world is certainly not an easy endeavor. Indeed, in a world where “nothing is...
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Austrian Copyright Law & Films: No protection of mere film ideas
Photo by TheoRivierenlaan from Pixabay The Austrian Supreme Court (hereinafter: “ASC”) ruled on 19th of December 2023 (4 Ob 112/23h) in a case concerning the 2019 film “Yesterday”. The Plaintiff...
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Lidl v Tesco – Court of Appeal overturns copyright infringement finding
On 19 March 2024, the Court of Appeal handed down its decision on the appeal in the Lidl v Tesco case ([2024] EWCA Civ 262), holding as follows. First instance (High Court) decision Court of Appeal...
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First duel between NFTs and copyright before the Spanish courts: NFTs 1 –...
The rise in popularity of non-fungible tokens (NFTs) has attracted a great deal of attention from copyright practitioners and aficionados. And why is that? Basically, because an NFT is an encoded...
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Bitcoin’s File Format protectable in copyright: a Wright decision?
In July 2023, the Court of Appeal in Wright & Ors v BTC Core & Ors [2023] EWCA Civ 868. overturned the High Court decision in which Mr Justice Mellor found that the Bitcoin File Format (the...
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Artificial Intelligence and copyright: the Italian AI Law Proposal
Image via Pixabay The AI Law Proposal: general context and subject matter On 23 April 2024, the Italian government published the text of a draft law introducing regulatory provisions concerning the...
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Copyright, Education, and Generative AI: Getting with the programme?
Photo: Shantanu Kumar from pexels Generative AI (GenAI) is promising to revolutionise higher education. Whether it concerns legal scholars using ChatGPT to write their essays, computer science majors...
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Cumulation of design and copyright protection under Italian law: is the...
Earlier this year, the Italian Supreme Court (Corte di Cassazione) issued an order (Cass., ord. no.11413/2024) in a case concerning the protection by copyright of a lamp design. Part I of this post...
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Prompts as code?
Image by 200 Degrees from Pixabay Code as a literary work Following lengthy discussion in the 1970s and 1980s, by 1991 in the EU and 1994 at the WTO level, the legal status of computer programs was a...
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Everything is harmonized. The CJEU’s decision in Kwantum v. Vitra
Just seven weeks after the release of the AG’s Opinion the Kwantum v. Vitra case was decided by the European Court. For Dutch background and early criticism, see my earlier blog. The main question...
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Horses for courses: English court refuses copyright protection for equestrian...
In Equisafety Ltd v Woof Wear Ltd (Equisaftey) Ian Karat sitting as a Judge in the Intellectual Property Enterprise Court (IPEC) rejected the Claimant’s copyright infringement claim in respect of...
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European Copyright Society Opinion on CJEU MIO/konektra cases
Yesterday, the European Copyright Society (ECS) published its Opinion on the CJEU MIO/konektra cases C- 580/23 and C-795/23 (originality and infringement test of works of applied art). The Executive...
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