Category: Working Papers

A recent article by Barry Sookman, “The Significance of Anderson v. TikTok: A Test for Section 230 CDA,” explores the Third Circuit’s recent decision in Anderson v. TikTok, which redefines the boundaries of...

A recent article published by EIFL (Electronic Information for Libraries) contends that the World Intellectual Property Organization’s (WIPO) draft study on Public Lending Right (PLR) is fundamentally flawed. The PLR system...

By: Allan Rocha de Souza [1] and Luca Schirru [2] Brazil began taking its first steps toward AI regulation around 2018. By 2019, new legislative proposals emerged, with a sharper focus on AI; however, none addressed...

In the negotiations of a Design Law Treaty, there is considerable debate on whether countries will be able to ensure disclosure of Traditional Knowledge, Traditional Cultural Expressions and Genetic Resources which might have...

In recent weeks, disputes over South Africa’s Copyright Amendment Bill (CAB) have intensified, with the visually impaired and blind community raising actions against the South African government. Blind SA, represented by...

In a recent Forbes article, Roomy Khan explored the ongoing legal debates around the use of copyrighted content for training artificial intelligence (AI) models. Whether AI companies can use copyrighted data, such as images,...

In the recent LAION vs. Kneschke case, the Hamburg District Court addressed the application of Germany’s text and data mining (TDM) exceptions under the Copyright Directive. This is one of the first rulings to be reached with...

A new case referred to the Court of Justice of the EU (CJEU) may establish whether it is permissible for EU countries to create new remuneration rights for streaming uses despite creators having signed away all their economic...

Prof. Emeritus Brook K. Baker, Northeastern U. School of Law Sept. 30, 2024 With little opportunity for consultation and input from civil society and other interested parties, the Government of Indonesia is considering...

A lawsuit filed against six major academic publishers alleges that restrictive practices that maximize profits at the expense of scholars and the public violate U.S. antirust laws (see Reuters). The publishers named as...

In this blog post, leading Design Law Professor Sarah Burstein argues that the negotiating draft of the WIPO Design Law Treaty contains a little noticed provision, buried in its “regulations,” that attempts to harmonize a key...

The long running process to reform South Africa’s Copyright law has passed another milestone — failing to be signed into law in time to meet a deadline set by the country’s Constitutional Court. The Constitutional Court...

A White Paper on Proposed Revisions by the Patent Eligibility Restoration Act (PERA), S. 2140, published by Joshua D. Sarnoff and Charles Duan, critiques the 2023 legislation which seeks to revise the doctrine of subject matter...

A recent Datysoc article (Spanish language) discusses an ongoing dispute in Uruguay over whether a copyright exception for computational analysis should be included in a copyright modernization bill. In June 2024,...

A study by German authors’ group, Initiative Urheberrecht, argues that AI training falls outside the scope of the EU’s exception for uses of copyrighted material for text and data mining and that distributing such an AI model...

Sean Flynn and Ben Cashdan The World Intellectual Property Organization (WIPO) draft Design Law Treaty (DLT) is analyzed by three international design law professors in a video seminar on “What is at Stake in the Design Law...

The UK government has signed the first-ever international treaty to regulate artificial intelligence (AI), as part of its efforts to prevent potential misuse of the technology. Alongside the EU, US, and Israel, the UK has...

In 2018, a fire in the building of the National Museum of Brazil in Rio de Janeiro almost completely destroyed its historical collection, which had accumulated over about two hundred years. In 2021, South Africa also lost a part...

WIPO has launched a new Preservation Toolkit to guide national legislators in crafting copyright provisions for digital preservation of cultural materials. This toolkit addresses the need for updated legal frameworks,...