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The Underappreciated Third U.S. Fair Use Factor in Copyright Infringement Cases Concerning AI Training

In many copyright infringement cases filed in the United States against AI companies because of their unlicensed use of copyrighted works in the training of AI models, defendants raise fair use as a…

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On 31 July 2025, in Spitz Park v ECAD (Agravo de Instrumento No. 5032376-37.2025.8.24.0000), the Court of Justice of Santa Catarina, a state in southern Brazil, considered whether a collective…

This post addresses the overseas allocation of broadcast and performance royalties belonging to American music artists and record labels. It suggests how affected stakeholders can reclaim these…

Few rights look more thoroughly harmonised than the right of “communication to the public”. Article 3(1) of the InfoSoc Directive, and the CJEU’s “new public” doctrine built to give it a uniform…

The European Commission is reviewing the Copyright in the Digital Single Market  Directive 2019/790 (CDSM Directive). This may be followed by updates to the Directive based on the evidence gathered…

For more than two decades, European copyright policy has pursued the goal of harmonisation. Successive directives have sought to establish a common framework for copyright protection and limitations…

Copyright protection of everyday (utility) objects is one of the most challenging and controversial areas of copyright law. The legal framework for such cases has recently been refined by the rulings…

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