Legislatures are notoriously inefficient in legislating for future technologies. These technologies are sometimes developing at the same time as legislatures are debating new laws, resulting in the…
On 10 March 2026, the European Parliament adopted, by 460 votes to 71, a resolution on copyright and generative AI proposing that EU copyright law apply to every generative AI system placed on the EU…
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…
The debate around generative artificial intelligence (genAI) and copyright law has been raging on globally for some time. In some respects, the dust is slowly beginning to settle: for example, the…
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…
Constructive trusts can be imposed to recognise a plaintiff’s interest in property owned by others. Courts in Australia and the UK (Attorney General v Guardian Newspapers and others (No 2) [1988] 3…
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…
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…
