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Caveat Emptor The common notion that acquiring ownership of an NFT representing a work in which copyright subsists equates to owning the copyright to the underlying work is clearly false. UK copyrightlaw mandates that an assignment of copyright be ‘in writing signed by or on behalf of the assignor’.
The creation and development of copyrightlaw are closely connected to technological and associated business transformations (see, e.g. here ). Yet, the very same automation poses challenges for the application of copyrightlaw, increasing legal uncertainty, as demonstrated in this report vis-à-vis AI music outputs.
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.
Part I of this post discussed the changes to copyright contract law and the new text and data mining exemption provisions that formed part of the 2021 copyrightlaw reform. Part 2 explores further exemptions for users of works, new aspects of the right of communication to the public and the press publishers’ right.
It is clear that AI is built on a foundation of immense works of authorship, many of which are protected by copyright. 7 When copyrightedworks are used, AI systems typically make copies of the works to train and power AI outputs. 1858); Copyright, Designs and Patents Act 1988, c. 48 § 21 (UK).
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