This paper analyzes the provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) on industrial designs, and the manner in which the narrow aspects dealt with by the Agreement have been addressed by European Union (EU) legislation. The paper...

This book traces the development of the fashion industry, providing insight into the business and, in particular, its interrelations with copyright law. The book explores how the greatest haute couture fashion designers also had a sense for business and that their attention to copyright was one...

The rapid integration of generative AI (GenAI) into industries and society has prompted a re-evaluation of copyright and intellectual property rights (IPR) frameworks. GenAI's ability to produce original content using data from human-created sources raises critical ethical and legal concerns....

Developed with intellectual property (IP) practitioners in national judicial authorities in mind, this report aims to provide a better understanding of how criminal infringements of copyrights are legislated and enforced across Member States of the European Union. Its focus are online criminal...

The Berne Convention underscores the national treatment of foreign authors, allowing countries of the Union to protect designs through various means. Article 2(7) of the Convention (Berne) introduces a material reciprocity test, limiting copyright protection for works of applied art not...

On 1 August 2024, the EU Regulation on Artificial Intelligence (AI Act) came into force after a difficult road. Originally conceived purely as a product safety law, the regulation has developed in reaction to public debate to include the protection of copyright used to train generative AI models...

Human-created works represent critical data inputs to artificial intelligence (AI). Strategic behaviour can play a major role for AI training datasets, be it in limiting access to existing works or in deciding which types of new works to create or whether to create new works at all. We examine...

Generative artificial intelligence (GenAI) models have stirred considerable controversy about copyright protection for AI training inputs and model outputs. The European Union's AI Act will require model developers to be transparent about their use of training inputs such as text, images and...

Responding to frustrations with the enforcement of copyright on YouTube, some creators publish videos that discuss their experiences, challenge claims of infringement, and critique broader structures of content moderation. Platform callouts, or public complaints about the conduct of or on...

Digitization has importantly expanded the scope for reusing music in movies, a process known as music synchronization. We use panel data on Netflix and Shazam to estimate the causal effect of music synchronization on the discovery of reused songs. Our results show that songs are substantially...

This contribution will try to show, first, that the CJEU’s case law on functional elements in the context of the condition of copyright protection, while not being perfect, is better than its reputation. Secondly, that the imperfections of that case law are mainly due to the CJEU’s secondary...

The deep structural inequalities in the information ecosystem are increasingly visible as states vie for their right to govern information flows and technology, with profound ramifications on journalism far beyond their borders. This paper analyzes how a constellation of globally influential...

Taking a comparative approach, this paper provides a legal commentary on the copyright disputes over the work of Samuel Beckett. This paper highlights conflicts in respect of copyright law and dramatic works within the performing arts community. It provides a comparative analysis of copyright...

There is a built-in tension between the perception of copyright law as promoting a delicate balance between the interests of creators, distributions, and users of information goods and contract law’s laissez-faire philosophy. Legal systems need to decide how to approach this tension and...

Copyright, at international, European, and national levels, does not provide a legal framework that prioritizes enabling and incentivizing research using protected works and information to the extent necessary and desirable in a digital, data-driven society in order to build a sustainable...

The practice of copyright was once a perfect balance, reflecting the intent of the Founders to create an environment where new works were constantly made available to the public for consumption and use. The author would create a work, a user would buy a copy and be free to use it. Neither party...

There has been a renewed interest in the adoption of an international instrument on copyright and educational uses at the World Intellectual Property Organization since the COVID-19 pandemic which necessitated an unprecedented large-scale switch to digital education in many countries and brought...

First released in early 2019, Copyright and the Court of Justice of the European Union is still the only book completely devoted to the case law of the Court of Justice of the European Union (CJEU) in the EU copyright field.It seeks to understand the Court’s role and action in the area of...

Indian competition law follows the philosophy of contemporary competition laws and targets at nurturing competition and at protecting the relevant Indian markets to counter the anticompetitive practices by enterprises. The Competition Act, 2002 prohibits anticompetitive agreements, abuse of...

Copyright’s place within European Union (EU) law and within the wider e-Commerce environment is undoubtedly significant. Nonetheless, copyright law is less well integrated into the EU legal order than some other key areas of commercial and e-Commerce law, such as competition law. It is...

This essay will explore the future of U.S. intellectual property laws for the fashion industry in five major segments. First, in order to envision the future, the first chapter will look at the past and current issues of what intellectual property laws offer fashion designs and designers in the...

Ideas are at the center of all of our inventive, creative, and commercial activities. Defining the contours of the law of ideas, however, has often proved to be an elusive endeavor. It is a body of law that exists just outside of the domain of traditional intellectual property law, yet it lies...

In today’s reality, technology is to be a core aspect of our life. More and more people interact through social media and other methods such as messengers. However, recently, another innovation that started to be trendy is named the metaverse. It permits people to have the next level of...

THE PROPOSED COPYRIGHT in the Digital Single Market Directive (COM(2016)593) of July 2016 would introduce a new intellectual property right for publishers of press publications, or ‘PIP’. Publishers would have the exclusive right to authorize or prohibit any reproduction (in whole or in...

The famous author E.B. White once stated, “Humor can be dissected, as a frog can, but the thing dies in the process.” Interestingly, this quote was raised by the Hon. Kimba M. Wood in the renowned contracts case Leonard v. Pepsico, when determining whether a comical commercial should be...

Copyright law grants the exclusive right to copyright owners so that they have adequate financial incentives to create and innovate. However, when firms are copyright owners, they can leverage the exclusive right to sell or distribute products exclusively. This paper studies the music streaming...

Late last year, a federal court sided with the Department of Justice and blocked the planned merger of book publishers Simon & Schuster and Penguin Random House. The decision was a rare collision between antitrust law and the deeply consolidated copyright content industries. Over the course of...

“Copyright Industries in the U.S. Economy: 2022 Report”, examines the contribution of copyright industries to the U.S. economy. Dr. Dutra and Dr. Stoner expanded on previous versions of the report by demonstrating that the core copyright industries of the United States also play a vital role...

In the era of digitisation, datafication and computational uses of works, the scope of EU copyright is expanding and new EU legislative initiatives on data regulation, while aiming in principle at granting access to data, increasingly recognise and reinforce control over data through...

Intellectual property rights are fundamental to how economies organize innovation and steer the diffusion of knowledge. Copyright law, in particular, has developed constantly to keep up with emerging technologies and the interests of creators, consumers, and intermediaries of the different...

Copyright law grants copyright owners exclusive rights so that they have adequate financial incentives to create and innovate. However, when firms are copyright owners, they can leverage their right to sell or distribute products exclusively and thus obtain excessive financial gains. This paper...

This paper presents experimental evidence on the impact of opposite copyright lobbies' narratives on scholars' views toward the publishing system. We conduct the empirical analysis by running a large-scale information provision experiment on a representative population of European scholars....

We use the 1910 Copyright Code of the Great Qing Dynasty (the Qing Copyright Code) as a lens to understand China’s initial encounter with international intellectual property norms, examine the dynamic political economy in which the law was enacted, and provide an overview of the structure and...

It has long been disputed in Europe under which conditions collective agreements on the re-muneration of copyright holders are compatible with the ban on anti-competitive agreements in Article 101 TFEU. Privileging certain copyright licensing agreements, the European Commis-sion’s 2022...