Responding to a written question put to the UK Parliament on 21 January 2020, Government Minister Chris Skidmore stated that the UK has no plans to implement the controversial new EU Copyright Directive following the UK’s exit from the European Union. Entering into force in June 2019, EU countries have been given until June 2021

Ongoing public consultations from the World Intellectual Property Organisation and others demonstrate a focus by IP policymakers on better understanding issues posed by artificial intelligence. In our newest Legal Update, we outline some key issues in relation to copyright ownership in AI-generated works and inventorship and ownership challenges for patent protection in AI-generated inventions. For

In addition to obvious examples of original art such as paintings, music and poetry, copyright protection can, inter alia, also extend to nonfictional literature such as technical reports and expert opinions. In several cases, the District Court and the Higher District Court of Cologne as well as the Court of Justice of the European Union (CJEU) confirmed that even scientific expert opinions or military mission reports which merely reproduce facts or findings can be subject to copyright protection.
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On 29 July 2019, the Court of Justice of the European Union (CJEU) ruled on the copyright implications of sampling in music and established criteria as to when sampling falls within the scope of artistic freedom. Sampling is taking a portion of a sound recording and reusing it in a different song. The case was brought before the CJEU following a two-decades-long legal dispute between German electro-pop band Kraftwerk and German producer Moses Pelham.
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After the EU Copyright Directive was passed by the EU Parliament last month (see our original blog post for further details), it was formally approved by the Council of the European Union on April 15, 2019. Nineteen EU member states, including Germany, France and the UK, voted in favor. Six member states – namely Finland, Italy, Luxembourg, the Netherlands, Poland and Sweden – voted against the Directive, while three countries abstained from the vote.
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On 26 March 2019, following a lengthy process, the European Parliament has given final approval to the Copyright Directive, aimed at the modernization of the EU copyright regime. Members of parliament voted 348 in favor of the law and 274 against. Before voting on the reform proposal, a vote was held on whether or not to address proposed amendments – notably the exclusion of the law’s most debated clause, Article 13 or the “upload filter.” Members of parliament opposed a decision on the proposed amendments, in a close vote with 312 in favor but 317 against addressing any amendments.
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On 20 December 2018, the German Federal Court of Justice confirmed that photographs of public domain paintings ‎are, in principle, protected by a copyright-related right in section 72 of the German Copyright Act (Case No. I ZR 104/17). The case involved a request to take down several pictures hosted on Wikimedia Commons—an online database of works distributed under Creative Commons licenses—as public domain images. All pictures featured art on display at the Reiss Engelhorn Museum in Mannheim, Germany.
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On 13 November 2018, the Court of Justice of the European Union (CJEU) ruled that the taste of a food product could not be classified as a ”work” within the meaning of Directive 2001/29/EC and that national member state legislation could not be interpreted differently (Case C-310/17). While the CJEU did not deny the copyrightability of tastes in principle, it
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On 11 October 2018, the Music Modernization Act (“MMA”) was signed into law. It effects a sweeping overhaul of the compulsory mechanical license mechanism set forth in 17 U.S.C. §115—among other significant changes. While many in the industry have been closely following the bill as it worked its way through the legislature, the following provides an overview of key terms regarding the mechanical licensing procedures under the new law that every
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As automobiles are becoming part of the Internet of Things, “connected” technologies are increasingly deployed to enhance the safe operation of autonomous vehicles. These “intelligent” vehicles rely on an ecosystem of proprietary and third-party components to gather, analyze and react to data from both inside and outside the vehicle. In order to reduce costs, accelerate development and enhance the interoperability of connected technologies and applications, automakers
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