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Photo by Markus Spiske on Unsplash Welcome to the second trimester of the 2023 round up of EU copyrightlaw! In this series, every three months we update you on what has happened in EU copyrightlaw. You can read the previous round-ups here.
In the complicated landscape of genAI and copyrightlaw, several different themes have emerged as particularly thorny and triggering the interests of different stakeholders. The Institute is actively exploring the impact of genAI on copyrightlaw via a dedicated series of events, roundtables, lectures and publications.
Presently, a new reference from the German Federal Court of Justice (BGH) asks the Court of Justice of the European Union (CJEU) for vital interpretive guidance concerning the parody exception within copyrightlaw. This approach, initially applied to cultural politics by Dentith, can be similarly adopted within copyrightlaw.
Members of the band Kraftwerk brought an action against these acts of reproduction and distribution, claiming infringement of their copyright and their relatedrights as performers and phonogram producers of “Metall auf Metall”. In 2019, the CJEU clarified that the exclusive right of the phonogram producer under Art.
Part 2 of the Report ( here ), released on 29 January 2025, tackled the copyrightability of outputs created using generative AI (GenAI), in which inter alia it was stated that: The existing principles of copyrightlaw are flexible enough to apply to AI as they have applied to tech innovations in the past.
Shortly before the Holidays, the Pontifical Commission for the Vatican City State released the Guidelines on Artificial Intelligence ( here for the English version : note, however, that the English version is not entirely accurate insofar as it translates from Italian) to be applied within this state as of 1 January 2025. CXCVII, Sept.
Further drafts are to be prepared, with the final version of the Code forecast to be released by 2 May 2025, in accordance with Article 56 (Codes of Practice) of the EU AI Act. The AI Offices idea is to provide a future-proof Code that will also be appropriate for the next generation of AI models released after the May 2025 deadline.
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