User generated content: towards a new use privilege in EU copyright law

Author(s):  
Martin Senftleben
2020 ◽  
Vol 10 (4) ◽  
pp. 36-47
Author(s):  
Trishana Ramluckan

With the approval of Articles 11 and 13 in Europe, net neutrality has become a contentious issue globally. These articles refer to European Union (EU) copyright law, which could possibly destroy the freedom of the internet that once existed. Throughout Europe it has become known as the “meme ban,” referring to the censorship elements. While there is much opposition to these articles, its supporters consider it necessary for the preservation for creative works online. Opposition to the legislation, which includes certain websites and internet presences, remains of the opinion that these two pieces of legislation will mean an end to “meme culture and user-generated content.” Along with the limitation to the freedom of the internet, cyber-security and cyber-warfare risks and vulnerabilities are imminent. This paper seeks to provide an in-depth discussion on the implications of neutrality on cyber-security and cyber-warfare.


Author(s):  
P. Bernt Hugenholtz ◽  
João Pedro Quintais

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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