EU Copyright Law: a (good) portrait of the legal system as a young man

AbstractThis article queries whether and to what extent works produced with the aid of AI systems – AI-assisted output – are protected under EU copyright standards. We carry out a doctrinal legal analysis to scrutinise the concepts of “work”, “originality” and “creative freedom”, as well as the notion of authorship, as set forth in the EU copyright acquis and developed in the case-law of the Court of Justice. On this basis, we develop a four-step test to assess whether AI-assisted output qualifies as an original work of authorship under EU law, and how the existing rules on authorship may apply. Our conclusion is that current EU copyright rules are generally suitable and sufficiently flexible to deal with the challenges posed by AI-assisted output.

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Is EU Copyright Law a Danger to Online Freedom of Expression?

Communications in Computer and Information Science - E-Democracy – Privacy-Preserving, Secure, Intelligent E-Government Services ◽

10.1007/978-3-319-71117-1_9 ◽

2017 ◽

pp. 123-135

Author(s):

Philippe Jougleux

Keyword(s):

Freedom Of Expression ◽

Copyright Law ◽

Eu Copyright Law

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Pay-to-Play

10.5771/9783748912262 ◽

2021 ◽

Author(s):

Ryan Kraski

Keyword(s):

Legal System ◽

Knowledge Creation ◽

Innovation Process ◽

Copyright Law ◽

For Profit ◽

Research Fellow ◽

Automotive Company ◽

The Us ◽

The University ◽

Harsh Reality

Pay-to-Play provides an accessible approach toward understanding two systems for knowledge creation and dissemination that are embedded in the US legal system, namely private, nonprofit universities and copyright law. Pay-to-Play identifies the harsh reality that an expansive body of academic works remains locked away behind for-profit paywalls. Accessing these works for individuals is prohibitively expensive and is usually only made possible through even more expensive institutional memberships. As a result, most people are unnecessarily excluded from the innovation process, which lies at the very core of the Constitution’s Copyright Clause. Attorney Ryan Kraski, Esq. is a former lecturer and research fellow at the University of Cologne, Germany and is currently in-house counsel to a large automotive company .

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