The interface between the EU copyright law and the fundamental economic freedoms of trade and competition in the digital single market: from the FAPL case to the decision in UsedSoft

2016 ◽  
Vol 6 (2) ◽  
pp. 133-153 ◽  
Author(s):  
Mario Cistaro
Keyword(s):  
Copyright Law ◽  
Single Market ◽  
Eu Copyright Law ◽  
The Eu

scholarly journals Copyright and Artificial Creation: Does EU Copyright Law Protect AI-Assisted Output?

2021 ◽  
Author(s):  
P. Bernt Hugenholtz ◽  
João Pedro Quintais
Keyword(s):  
Original Work ◽  
Case Law ◽  
Copyright Law ◽  
Step Test ◽  
Eu Law ◽  
Legal Analysis ◽  
Court Of Justice ◽  
Eu Copyright Law ◽  
The Eu

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.

scholarly journals EU Copyright Law: Developing Exceptions and Limitations Systematically – An Analysis of Recent Legislative Proposals

2018 ◽  
Vol 11 (2) ◽  
pp. 155-181
Author(s):  
Asta Tūbaitė-Stalauskienė
Keyword(s):  
Copyright Law ◽  
The European Union ◽  
Legislative Proposals ◽  
Exceptions And Limitations ◽  
Eu Copyright Law ◽  
Eu Directives ◽  
Significant Obstacle ◽  
Limitations And Exceptions ◽  
Exhaustive List ◽  
The Eu

Abstract In the European Union, Copyright law is not uniform. There are a number of EU Directives concerning copyright law, which form an exhaustive list of limitations and exceptions, most of which are optional. The optional nature of limitations and exceptions is a significant obstacle to effective harmonisation in the Member States, which creates legal uncertainty for rightsholders and users. The aim of this article is to examine limitations and exceptions under the current EU copyright law, to analyse what efforts the European Commission, the Council and the Parliament have undertaken in order to reform EU copyright and to present other possible options for reform regarding exceptions and limitations in the EU.

Geoblocking in EU Copyright Law: Challenges and Perspectives

2020 ◽  
Vol 69 (2) ◽  
pp. 136-150
Author(s):  
Tatiana Eleni Synodinou
Keyword(s):  
Copyright Law ◽  
Single Market ◽  
European Level ◽  
Eu Copyright Law ◽  
Principle Of Territoriality ◽  
The Ideal

Abstract EU copyright law has attempted to resolve the antithesis between the ideal of the single market and the concept of copyright territoriality through a modest approach, which is based on the axiom of safeguarding copyright territoriality and of the accompanying geoblocking practices. The aim of this article is to critically analyse the EU’s steps towards the circumvention of the principle of territoriality and of geoblocking and to demonstrate that, as the efforts to create a digital single market are intensified, a strict EU geoblocking policy in relation to services offering access to copyright-protected works cannot be retained. The article is divided into three parts. Part one is dedicated to the consequences of the principle of territoriality on European copyright law (II). Part two is dedicated to the steps, both jurisprudential and legislative, which have been taken to move away from the principle of copyright territoriality at the European level (III). Part three is dedicated to the recently adopted Geoblocking Regulation 2018/302, while possible ways to move forward are also analysed (IV).

scholarly journals The dark side(s) of the EU Directive on copyright and related rights in the Digital Single Market

2020 ◽  
Author(s):  
Federico Ferri
Keyword(s):  
Single Market ◽  
Dark Side ◽  
Controversial Issues ◽  
The European Union ◽  
Eu Directive ◽  
Key Points ◽  
Exceptions And Limitations ◽  
Eu Copyright Law ◽  
The Relationship ◽  
The Eu

AbstractThe article examines some pivotal aspects of Directive (EU) 2019/790, which is the new legislative act adopted by the European Union to adapt copyright to the evolving digital environment. Indeed, this measure is meant to have considerable implications on the European plane and is supposed to influence, at least in part, also the relations between the EU and third States in the field of copyright. The Directive shall be transposed by mid 2021, but the time is ripe for a first assessment and some reflections. The analysis primarily investigates the relationship between Digital Single Market and EU copyright law and focuses on the most controversial issues of a long-awaited piece of legislation that so far has been widely criticized. In particular, the article explores three new key points: mandatory exceptions and limitations to right holders’ exclusive rights, press publishers’ rights, and platforms’ liability.

scholarly journals On Author, Copyright and Originality: Does the Unified EU Originality Standard Correspond to the Digital Reality in Wikipedia?

2017 ◽  
Vol 11 (2) ◽  
pp. 215-244
Author(s):  
Aurelija Lukoševičienė
Keyword(s):  
Creative Process ◽  
Copyright Law ◽  
The Future ◽  
Eu Copyright Law ◽  
The Eu

This article is contributing to the future of copyright law debate by exploring the recently harmonised originality standard in the EU copyright law and its suitability to a creative sharing community of Wikipedia. It shows that the “free creative choices” and “author’s personal” touch criteria established by the CJEU might be unsuitable not only because of practical concerns, but also because the understanding of “author” they are based on does not match the understanding possessed by Wikipedia community. The concepts of author (or rather author and Wikipedian) are compared through three key elements: author’s relationship with work, author’s relationship with others and presumptions about author’s personality and creative process.

scholarly journals Two Constitutional Cultures, Technological Enforcement and User Creativity: The Impending Collapse of the EU Copyright Regime?

2021 ◽  
Author(s):  
Guido Westkamp
Keyword(s):  
Market Integration ◽  
Copyright Law ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
The European Union ◽  
Federal Constitutional ◽  
Eu Copyright Law ◽  
German Federal Constitutional Court ◽  
German Federal Constitutional ◽  
The Eu

AbstractIn Pelham, the Court of Justice of the European Union and the German Federal Constitutional Court reached diametrically opposing conclusions on the relevance of freedom of art in copyright law. The different stances permit a speculative prediction – they can have immediate consequences for the predictable challenges against the new platform liability regime, and its associated dangers of widespread filtering and blocking. The article discusses the numerous constitutional implications, with specific attention given to the respective interests affected by the new regime (authors, exploiters, users, platforms) in light of the divergent approaches from the perspective of what appears to be two rather conflicting constitutional cultures: specific perceptions of fundamental rights and proportionality under German law versus an approach tending to emphasise market integration under the EU legal order. Recent assertions by the German Federal Constitutional Court redistributing the division of competences between national and EU law permit the prediction of a disturbing future collision course between the two systems, with potentially massive implications for EU copyright law by and large.

scholarly journals The Boundaries of EU Copyright Law: Cheese, Jeans and a Military Report in the Court of Justice

2019 ◽  
Vol 3 (1) ◽  
pp. 133-156
Author(s):  
Nuno Sousa e Silva
Keyword(s):  
Copyright Protection ◽  
Case Law ◽  
Copyright Law ◽  
Preliminary Ruling ◽  
Main Criterion ◽  
Court Of Justice ◽  
Eu Copyright Law ◽  
The One ◽  
Definition Of ◽  
The Eu

Copyright is a centrepiece in the ongoing construction of the digital single market. Evidently, copyright only applies to works. Thus, the definition of its scope lies in knowing what a work is. Although that was not envisioned nor intended by the lawmaker, the Court of Justice has adopted a European notion of work in its controversial decision C-5/08, Infopaq, conflating it with the one of originality. Such an approach has been confirmed and expanded by subsequent case law. The Court has already fleshed out the main criterion for a creation to enjoy copyright – it must be original in the sense of being the author’s own creation – and seems to reject any additional criteria. However, the boundaries of the European notion of work are still unknown. Some recent preliminary ruling requests will allow some clarification. One asks about the possibility of copyright protection for the taste of a specific cheese (C-310/17, Levola Hengelo). Another one deals with the protection of a fashion design for jeans (C-683/17, Cofemel) and yet another concerns a military report (C-469/17, Funke Medien). After describing the evolution of the law on the EU notion of copyright, this article frames and critically analyses the questions surrounding these cases, proposes answers thereto and makes a prediction of the outcome, i.e. the Court’s decision, in each of them.

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