On 12 September 2018 the European Parliament approved the new version of the proposal for a Directive on Copyright in the Digital Single Market elaborated by the European Commission in 2016. In order to address problems in protecting content and improve the bargaining position of press...

This paper surveys from an economic standpoint a number of important legal issues that influence the market for art, which include the creation, sale, valuation, maintenance and, in some instances, the destruction of works of art. We show that the important legal doctrines that bear on the...

As is typical of a Breyer opinion, Unicolors v. H&M—the only IP decision this Term—illuminates the distinction between mistakes of fact and of law and explains the reasoning by virtue of a brief hypothetical. Imagine someone (named John) who sees a flash of red in a tree and blurts out,...

The European Union (EU) legislative activity in the field of copyright has so far been mainly based on what is now Article 114 of the Treaty on the Functioning of the European Union (TFEU), which allows the EU to harmonise national laws for the establishment and functioning of the internal...

This paper is part of an international collaborative project led by Rebecca Giblin & Kimberlee Weatherall. The premise of the project is this: what if we could start with a blank slate, and write ourselves a brand new copyright system? If we could design a law, from scratch, to encourage...

Interpretation of copyright limitations and exceptions is restrictive under EU law system. Likewise is in Spain. Nevertheless, several Member States decisions concerning online infringements have been ruled sheltering the use of a copyrighted work - without owner's authorization - by limitations...

The agenda of the EU includes the harmonisation or unification of laws of its Member States for promoting the common market, improving free movement of goods, free movement of capital, free movement of services, and free movement of people. This also applies to copyright law. However,...

The role of copyright law in furthering social justice is blurred. On the one hand, copyright law aims to guarantee a more or less exclusive protection. On the other hand, copyright law also intends to strike a fair balance between the interests of rightholders and the society. Such balancing...

The EU Treaties do not grant the EU a specific competence to intervene in the field of copyright. The competence of the EU to act in the field of copyright has so far been primarily based on the need to build an internal market. The problem of attaching the harmonisation of copyright to...

The copyright protectability of outputs generated by or with the help of Artificial Intelligence (AI) is a hotly debated question in academia and by many institutions. In practice, sophisticated AI algorithms have become a meaningful assistant in the European news industry in the reporting of...