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EU copyright law round up – fourth trimester of 2023

Kluwer Copyright Blog

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. You can read a first take on the copyright relevant provisions here. Photo by Markus Spiske on Unsplash Dear readers, Happy new year!

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X Corp. v. Bright Data is the Decision We’ve Been Waiting For (Guest Blog Post)

Technology & Marketing Law Blog

If the issue lies in loopholes within the ToS, the solution seems straightforward: draft tighter contracts and perhaps incorporate a browsewrap on your platforms to catch those who don’t hold accounts. X’s breach of contract cases against CCDH for violating its ToS by scraping also didn’t fare well. In 2022, in ML Genius v.

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[Guest post] Generative AI, originality, and the potential role of contract in protecting unoriginal works

The IPKat

The IPKat has received and is pleased to host the following guest contribution by Katfriends by Adrian Aronsson-Storrier and Oliver Fairhurst (both Lewis Silkin) on protectability of AI-generated outputs under UK copyright. Does UK copyright law protection extend to computer-generated works which are not original?

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The Coming Copyright/Trademark Storm for NFTs

Plagiarism Today

While that may be scary for the marketplace, it may be precisely what is needed for the market to enjoy any mainstream success. You simply cannot have a legitimate market that trades almost entirely in illegitimate goods. The biggest is how copyright law will apply to marketplaces like OpenSea. Shades of Napster.

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UK’s short-lived dream for a code of practice on genAI and copyright law

Kluwer Copyright Blog

Photo by Emily Wang on Unsplash The UK’s attempt to deal with generative AI, training data and copyright law has taken yet another turn. The mandate of the group was to identify, develop and codify good practice on the use of copyright, performance and database material in relation to AI, including data mining.

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Getting paid to play? Copyright, contract, and the rewards for UGC

Kluwer Copyright Blog

The existence of this dialectical relationship between rightsholder and user sits at odds with the principles of the copyright system which often assume a dichotomous, all-rights-reserved model of creativity. Likewise, limited copyright exceptions don’t accommodate for this broadly construed ‘use’ of a work.

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Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Technology & Marketing Law Blog

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. — Of course, no state law claim is exactly the same as a copyright claim.