Exceptions and Limitations

On 14 April 2026, the Court of Justice of the European Union (CJEU) delivered its judgment in Pelham II, bringing partial closure to litigation spanning more than two decades. The dispute originated…

Welcome to our first roundup for 2026. In the first trimester of this year, several important developments have taken place in the EU copyright law arena. As our regular audience will know, in this…

Metaphors are crucial to our (mis)understanding of generative AI (GenAI). For instance, AI is systematically conceptualized in human terms such as neural networks that learn, know and memorize. This…

 Sadly, there won't be a ninth season of "Game of Thrones" anytime soon. However, in the US, ChatGPT has written a sequel to one of the underlying books, and a US court is hearing the case on grounds…

The global debate over generative AI (genAI) and copyright has, by now, produced a voluminous body of commentary. Courts in the United States have wrestled with fair use factors in Kadrey v. Meta and…

 WIPO’s new Guide to the Copyright and Related Rights Treaties Administered by WIPO (2nd ed.) contains some complicated messages on the use of open general exceptions, like fair use and fair dealing…

In bluechip Computer Aktiengesellschaft v Zentralstelle für Überspielungsrechte (ZPÜ), the Court of Justice of the European Union (CJEU) further determines the conditions under which EU Member States…

There is increasing recognition that, as part of its efforts to remain competitive in the race toward ever more powerful AI capabilities, Europe should invest in Public AI. That is, AI systems that…

With AI and copyright debates continuing around the world, the Australian Productivity Commission recently released its interim report on Harnessing Data and Digital Technology. The report focuses on…