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CJEU rules on vertical direct effect of InfoSoc Directive and allows national courts to disapply incorrect national transpositions

December 8, 2024 · copyright,direct effect,InfoSoc Directive,Reprobel
As students of EU law know, a key principle – which the now Court of Justice of the European...

Infringing AI: Liability for AI-generated outputs under international, EU, and UK copyright law

November 1, 2024 · artificial intelligence,copyright,AI Act,copyright infringement,AI-generated outputs
One of the best-known frames of Todd Phillips’s 2019 Joker film starring Joaquin Phoenix is that...

Bologna Court of Appeal confirms that Italian image rights extend to cultural heritage assets (which cannot be used commercially without authorization)

October 30, 2024 · Italian Cultural Heritage Code,Duca d'Este,Aceto Balsamico di Modena
Over the years, The IPKat has reported on the growing body of case law issued by Italian courts...

CJEU rules that EU Member States cannot set their own reciprocity clauses under the Berne Convention

October 28, 2024 · Kwantum,copyright,works of applied art,InfoSoc Directive,Berne Convention
Last week, the Court of Justice of the European Union (CJEU) issued its much- (though not long-)...

The German LAION decision: A problematic understanding of the scope of the TDM copyright exceptions and the transition from TDM to AI training

October 7, 2024 · copyright,AI training,text and data mining,LAION,artificial intelligence
A few days ago, the District Court of Hamburg delivered what appears to be the first judgment in...

Austrian Supreme Court tackles right of reproduction, three-step test, and parody defence in Robber Hotzenplotz copyright case

September 15, 2024 · copyright,parody,Deckmyn,right of reproduction,InfoSoc Directive
The owner of the rights to children's book series Der Räuber Hotzenplotz ('The Robber Hotzenplotz...

EU copyright takes it all … including Article 2(7) of the Berne Convention: AG Szpunar advises CJEU to rule that EU Member States can no longer rely on reciprocity clause for works of applied art

September 7, 2024 · works of applied art,copyright,international law,Berne Convention,Vitra v Kwantum
One of the cornerstones of international copyright law – specifically: the Berne Convention (BC) ...

"I'm feeling supersonic, give me gin and tonic": The story of Oasis (copyright edition)

September 1, 2024 · copyright,Oasis,pastiche,quotation,homage
If you, like me, are now experiencing the full post-traumatic stress disorder caused by failing...

From conceptual art to AI: On the Druet/Cattelan dispute and authorship of works made by someone other than the “author”

June 16, 2024 · copyright,authorship,artificial intelligence,Maurizio Cattelan,Daniel Druet
When it comes to contemporary art, I must admit at the outset that there are fewer artists who I...

At last: Habemus Covidiot!

June 2, 2024 · trade marks,freedom fo expression,COVIDIOT,accepted principles of morality,public policy
After it was referred back in 2021, a few days ago the Grand Board of the European Union...

Should the EU unify copyright laws?

May 7, 2024 · copyright,EU copyright,unification,harmonization,codification
Should the EU unify the copyright laws of its Member States and introduce, over thirty years...

Ferragamo did not infringe Audrey Hepburn’s image/personality right by stating that its shoes were originally designed for her

April 9, 2024
Is it an infringement of a person’s own personality/image rights to say that a shoe was designed...

Weekend read: The (many) copyright questions in Kate Middleton’s Mother’s Day manipulated image

March 17, 2024
Over the past week, there has only been one deserving topic of discussion: the picture that was...

When in Rome, do as the Romans do? Rome court ‘misinterprets’ CJEU YouTube judgment and reduces criteria for primary liability of platform operators to checklist

March 5, 2024 · copyright,platform liability,InfoSoc Directive,communication to the public,Italy
In the ancient Greek and Roman world, sybils were priestesses who acted as gods’ intermediaries...

Right of communication to the public returns to the CJEU: should the operator of a short-term rental apartment building pay a licence fee when they install TV sets in those apartments? Yes, says AG Szpunar

February 25, 2024 · copyright,right of communication to the public,recital 27,InfoSoc Directive
Where do you draw the line between the “mere provision of physical facilities”, which – in...

When is a derivative work original and thus protectable by copyright? Classicist’s critical edition makes its way to Luxembourg in fresh Romanian CJEU referral

January 17, 2024 · copyright,derivative works,originality,critical editions
After the referrals in Mio [IPKat here and here] and USM Haller [IPKat here], another referral...

Prada’s Triangle pattern (mostly) not inherently distinctive to be a trade mark, says EUIPO Board of Appeal

January 7, 2024 · fashion,trade marks,distinctiveness,Prada,pattern marks
When you think of Prada (at least from a trade mark perspective), what Prada itself refers to as...

After the Swedes, it's time for the Germans to ask the CJEU to clarify copyright protection of works of applied art in USM Haller referral

December 22, 2023
At what conditions can works of applied art be protected by copyright under EU law? If this...

BREAKING: First CJEU referral on press publishers’ related right (Italian-style)

December 13, 2023 · press publishers' right,copyright,Italy,Article 15 DSM Directive
As expected, now that most – though not all – EU Member States have completed their own...

The Vespa appearance: Italian Supreme Court considers that its artistic value may preclude trade mark protection (due to substantial value absolute ground)

December 5, 2023 · copyright,trade marks,Vespa,Italian Supreme Court,artistic value
Last week was an eventful one for Piaggio, the Tuscan company that has developed and owns the...
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