| 1. |
- Arnerstål, Stojan, 1979-
(author)
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Licensing digital content in a sale of goods context
- 2015
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In: Journal of Intellectual Property Law & Practice. - Oxford : Oxford University Press. - 1747-1532 .- 1747-1540. ; 10:10, s. 750-758
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Journal article (peer-reviewed)abstract
- In the recent Digital Single Market Strategy for Europe, COM(2015) 192 final, the Commission disclosed that by the end of 2015 it would make a legislative proposal on simple and effective cross-border rules for consumers and businesses, including harmonized EU rules for online purchases of digital content.The DSM Strategy does not elaborate on how these rules will regulate the sale or licensing of copyright-protected digital content. However, an idea of what is about to come can be found in the Commission's proposal for a Regulation on a Common European Sales Law, COM(2011) 635 final (the CESL), since the DSM Strategy explicitly refers to the CESL proposal.This article discusses the implications of the CESL in relation to distribution of digital content. Given that the CESL primarily is designed for sale of goods, it is arguable whether it is appropriate to apply such general principles of contract law to online transactions of digital content, ie copyright-protected works.
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| 2. |
- Baris, Antonios
(author)
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AI covers : legal notes on audio mining and voice cloning
- 2024
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In: Journal of Intellectual Property Law & Practice. - 1747-1532 .- 1747-1540.
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Journal article (peer-reviewed)abstract
- This article explores the impact of Artificial Intelligence (AI) on the music industry, particularly focusing on the case of AI-generated covers. The emergence of AI technologies has been raising concerns not just about the originality and protection of AI-generated outputs but also about the complex input and training phase of those systems.The focus of this contribution is the latter, analysing the case of AI covers from the perspective of copyright and image rights. In the first part, an overview of the text and data mining (TDM) exception found in Article 4 of Directive 2019/790 is presented, with a primary focus on the opt-out mechanism in connection with the three-step test. Moving to the second part, the analysis delves into the complexities of voice cloning, highlighting the absence of a comprehensive European Union regime for image rights.By addressing these issues, this contribution unveiled two crucial points. First, AI models trained on various artists’ works to create and spread deepfake covers not only violate copyright but also reveal shortcomings in the TDM exception. Second, while the multifaceted image right regime may not be as exhaustive as necessary, it proves to be a viable solution against voice cloning with anticipated advancements in the future.
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| 3. |
- Carretta, Silvia A., et al.
(author)
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A structured analysis of the implementation of Articles 18–23 of the Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market into Swedish law
- 2022
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In: Journal of Intellectual Property Law & Practice. - : Oxford University Press. - 1747-1532 .- 1747-1540. ; 17:11, s. 915-923
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Journal article (peer-reviewed)abstract
- This contribution introduces a structured analysis of the implementation of Articles 18–23 of the Directive on Copyright in the Digital Single Market in Sweden.With the starting point in the legislative proposal brought forth by the Swedish Government, which details how to transpose the Directive into the national copyright legislation, we discuss the implementation of the principle of fair remuneration of authors and performers in exploitation contracts.We then present how this legislative proposal gives rise to several controversies and possible discrepancies between the text and the Directive, which might arise on the coattails of the implementation of the Directive in Sweden.Lastly, we introduce our concern that the Directive could be interpreted in a way that allows for national considerations and legislative choices that may lead to even more differences in copyright protection within the Member States.
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| 4. |
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| 5. |
- Fritz, Johannes
(author)
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The notion of 'authorship' under EU law-who can be an author and what makes one an author? An analysis of the legislative framework and case law
- 2024
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In: Journal of Intellectual Property Law & Practice. - 1747-1532 .- 1747-1540.
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Journal article (peer-reviewed)abstract
- The question of who an author can be, and what makes one an author, has once again come to the fore with the rise of Artificial Intelligence (AI). Such a concept, in particular the requirements of authorship, is not defined in the European Union (EU) legislation though. Additionally, no referral regarding the notion of authorship has yet reached the Court of Justice of the European Union (CJEU).This article analyses the legislation and case law of the CJEU to identify the elements needed for defining ‘authorship’. The analysis of international copyright law and the EU legislation shows that an author must generally be a human. Examining existing CJEU case law further provides indications of what makes someone an author. The creator must (i) exercise their creative freedom by monitoring and executing the preparation, realization and finalization of the work and (ii) express their creative act with a general authorial intent.Ultimately, the article attempts to rationalize these findings to advance its own definition. Accordingly, it is shown that an author is a human who, at least to a specific extent, is exercising a subjective judgment in the composition of a work and has control of its execution. This definition has the advantage of including objective and subjective criteria, allowing the assessment of cases involving multiple authors and technical aids. Regarding AI, it helps to clarify the level and type of human involvement required for an output to be considered a work of human authorship and therefore be potentially protected by copyright.
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| 6. |
- Galea, Michela
(author)
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Inspiration or infringement? Social media 'viral' trends : a case study on TikTok
- 2024
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In: Journal of Intellectual Property Law & Practice. - 1747-1532 .- 1747-1540.
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Journal article (peer-reviewed)abstract
- Short-form videos have recently gained popularity thanks to social media platforms like TikTok. Some of the videos created by users go ‘viral’ and are ‘reproduced’ by others as they become trends on this platform.This article examines whether viral social media trends can warrant copyright protection and whether, by recreating such trends without permission, a potential infringement takes place. The idea–expression dichotomy will form the basis of the analysis so that the question is whether the infringer merely borrows an unprotected idea or rather copies a protectable expression.Additionally, as hinted in the pending referral in Mio (C-580/23), the Court of Justice of the European Union (CJEU) is yet to determine how the assessment of similarity, when examining an alleged infringement, must be conducted—is this one of recognizability or rather overall impression? Exceptions and limitations—most pertinently, pastiche—also form part of the discussion as questions are raised on the application of this undefined concept, pending the judgment in Pelham II (C-590/23).A balancing approach shall be taken between the interests of the different stakeholders at hand, including having regard to freedom of expression and protection of IP.
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| 7. |
- Humphreys, Edward, 1974-
(author)
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In Person
- 2008
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In: Journal of Intellectual Property Law & Practice. - Oxford : Oxford University Press. - 1747-1532 .- 1747-1540. ; 3:8, s. 533-533
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Journal article (pop. science, debate, etc.)
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| 8. |
- Marušić, Branka, 1983-
(author)
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The concept of terroir tested : sharing of the same terroir between two EU Member States
- 2021
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In: Journal of Intellectual Property Law & Practice. - : Oxford University Press (OUP). - 1747-1532 .- 1747-1540. ; 16:4-5, s. 435-441
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Journal article (peer-reviewed)abstract
- This article looks into wine as a credence product, whose bond of trust is vested in the concept of terroir as a signal to the consumer that the wine she or he is buying originates from a specific location and is made in specific circumstances. The main question of the present analysis is what the legal consequences are when such terroir is shared between two EU Member States, looking into the examples of wines Tokaj and Teran.Arguments advanced in the article are that, on the EU-wide level, there are two effects of the shared terroir. The first effect is a shared PDO; and the second effect is an artificial enlargement of terroir that is not linked to the original geographical position.
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| 9. |
- Marušić, Branka, 1983-
(author)
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The implementation of Article 15 of the DSM Directive in Croatia : a gold-plating provision
- 2022
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In: Journal of Intellectual Property Law & Practice. - : Oxford University Press (OUP). - 1747-1532 .- 1747-1540. ; 17:9, s. 741-747
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Journal article (peer-reviewed)abstract
- • ‘Gold-plating’ is a term widely used with reference to the implementation of European Union(EU) directives. It refers to a situation in whicha national implementing provision extends thescope of an EU directive.• In operational terms, a gold-plating provision provides for additional burdens for businesses andindividuals alike; most importantly, it interfereswith the expected aims that a directive seeks toachieve.• Te Croatian implementation of the DSM Directive (Directive 2019/790) has several examples ofgold-plating provisions. In this article, only one isdiscussed: the transposing provision of Article 15.
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| 10. |
- Marusic, Branka, 1983-
(author)
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Wine wars : They might start when you are outside the EU club, but they end once you are in the club
- 2020
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In: Journal of Intellectual Property Law & Practice. - : Oxford University Press (OUP). - 1747-1532 .- 1747-1540. ; 15:12, s. 949-950
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Journal article (other academic/artistic)abstract
- General Court, Case T-626/17, Slovenia v Commission, ECLI:EU:T:2020:402The General Court dismissed Slovenia’s action for annulment of Commission Delegated Regulation (EU) 2017/1353 of 19 May 2017 amending Regulation (EC) No 607/2009 as regards the wine grape varieties and their synonyms that may appear on wine labels (2017 OJ L190, 5), which allowed Croatia to use the name ‘teran’, a Slovenian protected designation of origin for wine
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