Are AI models’ weights protected databases? - Kluwer Copyright Blog
The ongoing Artificial Intelligence (AI) revolution has machine learning models at its core. Contrary to classic computer programs written by developers, many of these models rely on vast artificial neural networks trained in giant amounts of data. In general, they use what is called a transformer architecture. No one individually writes or encodes these models;... Continue reading
EU copyright law round up – fourth trimester of 2023 - Kluwer Copyright Blog
Dear readers, Happy new year! Welcome to the fourth (and last) round up of EU copyright law for 2023! In this edition, we update you on what has happened in the last three months of 2024 in EU copyright law. The end of the year was busy for both the courts and the policy makers.... Continue reading
Saving research: Lawful access to unlawful sources under Art. 3 CDSM Directive? - Kluwer Copyright Blog
Arts. 3 and 4 of the Copyright in the Digital Single Market Directive (CDSMD) introduced two exceptions for Text and Data Mining (TDM) in EU copyright Law. These two exceptions, despite having different objectives, share several similarities, as scholar analysis has shown. One of these common aspects is the requirement of lawful access. Only if... Continue reading
A first look at the copyright relevant parts in the final AI Act compromise - Kluwer Copyright Blog
On Friday evening, after 38 hours of negotiations, representatives of the European Parliament, EU member states and the European Commission reached a provisional agreement on the proposed AI Act. The deal reached on Friday night now paves the way for the adoption of the AI Act in the first half of 2024, bringing to an... Continue reading
Contradictions of Computer-Generated Works’ Protection - Kluwer Copyright Blog
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 that human creativity is the sine qua non of copyrightability, refusing to register a work lacking human creative involvement or control. In this way, the U.S. jurisprudence embraces the distinction between... Continue reading
The Parody Exception: Revisiting the Case for a Distinct Pastiche Exception - Kluwer Copyright Blog
As succinctly noted by Susan Bischoff in a prior post, the ongoing legal saga surrounding the ‘Metall auf Metall’ case continues to yield legal insights. Presently, a new reference from the German Federal Court of Justice (BGH) asks the Court of Justice of the European Union (CJEU) for vital interpretive guidance concerning the parody exception... Continue reading
EU copyright law round up – third trimester of 2023 - Kluwer Copyright Blog
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 copyright law. The autumn has started with full speed – the courts and the policy makes have been very active. This round up series... Continue reading
The next chapter in the “Metall auf Metall” saga – Pastiche to be clarified by the CJEU, a great post by Susan Bischoff on the #KluwerCopyrightBlog on what promises to be a landmark case in EU (c) law
https://copyrightblog.kluweriplaw.com/2023/09/21/the-next-chapter-in-the-metall-auf-metall-saga-pastiche-to-be-clarified-by-the-cjeu/
The next chapter in the “Metall auf Metall” saga – Pastiche to be clarified by the CJEU - Kluwer Copyright Blog
In Greek mythology, the saga of Sisyphus personifies relentless and never-ending toil – condemned by the gods to an eternity of pushing a massive boulder up a steep hill, only to watch it roll back down again as he nears the summit. With 24 years of legal proceedings and a dozen court rulings behind them,... Continue reading
Here is a post I wrote for #KluwerCopyrightBlog, based on the last issue of #JIPITEC (Journal of Intellectual Property, Information Technology and Electronic Commerce Law), "The Law and the Digital Classroom".
#copyright #education #dataprotection
«A legal field trip to the post-pandemic digital classroom» ⤵️
https://copyrightblog.kluweriplaw.com/2023/07/24/a-legal-field-trip-to-the-post-pandemic-digital-classroom/
A legal field trip to the post-pandemic digital classroom - Kluwer Copyright Blog
In a period when the COVID-19 pandemic is occupying less and less space in the daily news and in our thoughts, with the World Health Organization (WHO) having stated that it “no longer constitutes a public health emergency of international concern”, things may seem to be returning to the normal. This is, of course, a... Continue reading
Generative AI, Copyright and the #AI Act, my new post on the #KluwerCopyrightBlog
Thanks to Thomas Margoni, Martin Kretchmer Alina Trapova & @ndiakopoulos for comments on earlier versions of this post
https://copyrightblog.kluweriplaw.com/2023/05/09/generative-ai-copyright-and-the-ai-act/
It's a long post so the TLDR is 👇
Generative AI, Copyright and the AI Act - Kluwer Copyright Blog
TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive. In particular,... Continue reading
João Pedro Quintais
Eduardo 
