European Union: Copyright

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Intellectual property law and copyright law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as licensing and syndication, patent law, trade secrets and trademark law.
Article
Kraftwerk Sampling Ruling: Pastiche Finds Its Rhythm
Germany's highest civil court has ruled that an unlicensed sample from Kraftwerk's 1977 track "Metall auf Metall" used in a hip hop song qualifies as lawful pastiche under EU copyright law. This landmark decision, concluding a nearly 30-year legal dispute, establishes new parameters for when sampling can constitute creative engagement rather than mere copying, though it stops short of providing blanket protection for all unauthorized samples.
European Union IP
LS
Lewis Silkin
Article
Der Bundesgerichtshof wendet die „Pastiche“-Doktrin des EuGH an und bestätigt die Rechtmäßigkeit von Musik-Sampling
The German Federal Court of Justice has delivered a landmark ruling in the decades-long "Metall auf Metall" litigation, applying the EU Court of Justice's framework to determine whether unauthorized music sampling can qualify as lawful "pastiche" under copyright law. The decision examines whether a two-second rhythm sequence from Kraftwerk's 1977 recording, used repeatedly in a 1997 song, constitutes permissible artistic dialogue or copyright infringement.
Germany IP
GT
Greenberg Traurig, LLP
Article
AI And Copyright: What Are The Implications Of The Getty And Gema Cases For The Danish Corporate Sector?
Two recent European court cases—Getty Images vs Stability AI and Gema vs OpenAI—have delivered contrasting rulings on generative AI and copyright infringement, with significant implications for how businesses assess legal risks when using AI models. While one court found no infringement in AI training processes, the other ruled that memorized copyrighted content in model outputs constitutes unlawful reproduction, highlighting the urgent need for Danish companies to clarify their AI roles and imp
Denmark IP
B
Bech-Bruun
Article
When Artificial Intelligence Creates The Brand – The New Era Of Trademarks
Artificial intelligence has revolutionized brand creation, enabling businesses to generate names, logos, and slogans within minutes. However, speed and convenience don't guarantee legal protection, raising critical questions about trademark ownership, registration eligibility, and the protection of AI-generated brands in an era where technology outpaces traditional intellectual property frameworks.
Cyprus IP
MK
Michael Kyprianou Law Firm
Article
Copyright Without Digital Borders? The CJEU On Geo-blocking, VPNs And Territoriality
The Court of Justice of the European Union has delivered a landmark judgment addressing whether effective geo-blocking can lawfully restrict online access to copyrighted works across territorial boundaries, and whether the mere possibility of VPN circumvention undermines such technological measures. The case examines the fundamental tension between territorial copyright protection and the borderless nature of internet access, with significant implications for digital content providers operating across multi
European Union IP
GA
Ganado Advocates
Article
Dutch Court Rejects Parody Defense For ABBA-Inspired Carnival Song
A Dutch court ruled that a carnival band's parody song using ABBA's melody doesn't qualify for copyright protection under the parody exception. The decision centered on whether commercial streaming exploitation of "Dikke Pens" - which replaces the lyrics of "Take a Chance on Me" with content about obesity - strikes the proper balance between copyright holder rights and freedom of expression.
Netherlands IP
WT
Winston Taylor
Article
Innovation At Work And At Home: Clarifying Employer And Employee IP Rights Under Maltese Law (Part 2)
Maltese law creates a complex framework for determining intellectual property ownership when employees develop creative works outside standard working hours. The analysis extends beyond simple distinctions between work time and personal time, examining contractual duties, resource usage, and the relationship between creations and employer business activities. Even when employees successfully establish independent ownership, significant legal constraints may still apply where confidential information or trad
Malta IP
FF
FFF Legal
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