A fight to protect the dignity of Michelangelo’s David raises questions about freedom of expression; AP, March 28, 2024

 Colleen Barry, AP; A fight to protect the dignity of Michelangelo’s David raises questions about freedom of expression

"The decisions challenge a widely held practice that intellectual property rights are protected for a specified period before entering the public domain — the artist’s lifetime plus 70 years, according to the Berne Convention signed by more than 180 countries including Italy.

More broadly, the decisions raise the question of whether institutions should be the arbiters of taste, and to what extent freedom of expression is being limited...

Court cases have debated whether Italy’s law violates a 2019 European Union directive stating that any artwork no longer protected by copyright falls into the public domain, meaning that “everybody should be free to make, use and share copies of that work.”

The EU Commission has not addressed the issue, but a spokesman told the AP that it is currently checking “conformity of the national laws implementing the copyright directive” and would look at whether Italy’s cultural heritage code interferes with its application."

EU legal advisor: disclosing identities of suspected copyright pirates "compatible" with EU privacy laws; Boing Boing, September 29, 2023

ROB BESCHIZZA, Boing Boing; EU legal advisor: disclosing identities of suspected copyright pirates "compatible" with EU privacy laws

"Releasing pirates' identities is "Compatible With EU Privacy Laws," says a top legal advisor to the European Union's highest court following the discovery that the French government retains more than a decade of data collected about millions of people suspected of infringing copyrights."

Over 150 top execs fear Europe will create a ‘critical productivity gap’ with the U.S. if the EU overregulates A.I.; Fortune, June 30, 2023

RACHEL SHIN , Fortune; Over 150 top execs fear Europe will create a ‘critical productivity gap’ with the U.S. if the EU overregulates A.I.

"European business leaders are worried that the EU will overregulate A.I. and leave Europe trailing the U.S. in future productivity. A group of over 150 executives including the CEOs of Renault and Siemens, the executive director of Heineken, and the chief A.I. scientist of Meta, signed an open letter to the European Parliament on Friday, requesting the government pull back their proposed restrictions."

EU AI Act: first regulation on artificial intelligence; European Parliament News, June 14, 2023

 European Parliament News ; EU AI Act: first regulation on artificial intelligence

"As part of its digital strategy, the EU wants to regulate artificial intelligence (AI) to ensure better conditions for the development and use of this innovative technology. AI can create many benefits, such as better healthcare; safer and cleaner transport; more efficient manufacturing; and cheaper and more sustainable energy.

In April 2021, the European Commission proposed the first EU regulatory framework for AI. It says that AI systems that can be used in different applications are analysed and classified according to the risk they pose to users. The different risk levels will mean more or less regulation. Once approved, these will be the world’s first rules on AI."

EU votes for AI copyright disclosure in ‘first of a kind’ act; World Intellectual Property Review; June 15, 2023

Muireann Bolger World Intellectual Property Review; EU votes for AI copyright disclosure in ‘first of a kind’ act

"Transparency rules over copyrighted content used in training data increase risks for foundational AI developers| Landmark AI Act thought to be the first of its kind in the world"

EU proposes new copyright rules for generative AI; Reuters, April 28, 2023

 

Supantha Mukherjee

, Foo Yun Chee

 and Martin Coulter, 

Reuters; EU proposes new copyright rules for generative AI

"Companies deploying generative AI tools, such as ChatGPT, will have to disclose any copyrighted material used to develop their systems, according to an early EU agreement that could pave the way for the world's first comprehensive laws governing the technology."

Exclusive: German authors, performers call for tougher ChatGPT rules amid copyright concerns; Reuters, April 19, 2023

Foo Yun Chee, Reuters;  Exclusive: German authors, performers call for tougher ChatGPT rules amid copyright concerns

"Forty-two German associations and trade unions representing more than 140,000 authors and performers on Wednesday urged the European Union to beef up draft artificial intelligence rules as they singled out the threat to their copyright from ChatGPT...

"The unauthorised usage of protected training material, its non-transparent processing, and the foreseeable substitution of the sources by the output of generative AI raise fundamental questions of accountability, liability and remuneration, which need to be addressed before irreversible harm occurs," the letter seen by Reuters said."

Will the world embrace Plan S, the radical proposal to mandate open access to science papers?; Science, January 3, 2019

Tania Rabesandratana, Science; Will the world embrace Plan S, the radical proposal to mandate open access to science papers?

""In the OA movement, it seems to a lot of people that you have to choose a road: green or gold or diamond," says Colleen Campbell, director of the OA2020 initiative at the Max Planck Digital Library in Munich, Germany, referring to various styles of OA. "Publishers are sitting back laughing at us while we argue about different shades" instead of focusing on a shared goal of complete, immediate OA. Because of its bold, stringent requirements, she and others think Plan S can galvanize advocates to align their efforts to shake up the publishing system...

"The combined weight of Europe and China is probably enough to move the system," says astrophysicist Luke Drury, of the Dublin Institute for Advanced Studies and the lead author of a cautiously supportive response to Plan S by All European Academies, a federation of European academies of sciences and humanities.

If Plan S does succeed in bringing about a fairer publishing system, he says, a transition to worldwide OA is sure to follow. "Somebody has to take the lead, and I'm pleased that it looks like it's coming from Europe.""

Does Kit Kat’s Shape Deserve a Trademark? E.U. Adds a Hurdle.; The New York Times, July 25, 2018

Milan Schreuer, The New York Times; 

Does Kit Kat’s Shape Deserve a Trademark? E.U. Adds a Hurdle.

"It was a good day for Kit Kat copycats.

Nestlé, which makes the candy bar outside the United States, could lose exclusive rights in the European Union to its four-fingered shape, the region’s highest court ruled on Wednesday.

The company has long argued that the Kit Kat’s four trapezoidal bars, linked by a rectangular base, had enough of a “distinctive character” that they deserved a trademark across Europe.

The European Court of Justice, however, told Nestlé that it had not presented evidence that shoppers in Belgium, Greece, Ireland or Portugal would recognize a Kit Kat by shape alone."

British Book Publishers Fear Brexit Will Bring a U.S. Invasion; The New York Times, April 13, 2018

David Segal, The New York Times; British Book Publishers Fear Brexit Will Bring a U.S. Invasion

"Much of the worry stems from a looming fight with American publishers over sales in Continental Europe. For decades, the British have had this market to themselves, selling English-language editions of books in France, Italy and every other country in the European Union.

That helped turn Britain into the largest book exporter in the world, with total sales equivalent to $6.8 billion per year, according to the Publishers Association, a British trade group. Just over half of that revenue came from exports, and the biggest export market is Europe.

Access to this market, without tariffs or the serious competition that comes with being part of European Union, has been a financial boon. Were British publishers to lose a substantial chunk of sales or face added costs on the Continent, the fallout could be dire."

Can Christian Louboutin Trademark Red Soles? An E.U. Court Says No; New York Times, February 6, 2018

Elizabeth Paton, New York Times; Can Christian Louboutin Trademark Red Soles? An E.U. Court Says No

"The case highlights one of the most difficult questions in fashion: In a world where designers often have distinct styles, and attract admirers based on those styles, what can, and cannot, be trademarked?"

While EU Copyright Protests Mount, the Proposals Get Even Worse; Electronic Frontier Foundation (EFF), June 1, 2017

Jeremy Malcolm, Electronic Frontier Foundation (EFF); While EU Copyright Protests Mount, the Proposals Get Even Worse

"This week, EFF joined Creative Commons, Wikimedia, Mozilla, EDRi, Open Rights Group, and sixty other organizations in signing an open letter [PDF] addressed to Members of the European Parliament expressing our concerns about two key proposals for a new European "Digital Single Market" Directive on copyright.

These are the "value gap" proposal to require Internet platforms to put in place automatic filters to prevent copyright-infringing content from being uploaded by users (Article 13) and the equally misguided "link tax" proposal that would give news publishers a right to compensation when snippets of the text of news articles are used to link to the original source (Article 11)."

E.U. urged to free all scientific papers by 2020; Science, 4/14/16

Martin Enserink, Science; E.U. urged to free all scientific papers by 2020:

"One of the perks of holding the rotating presidency of the European Union is that it gives a member state a 6-month megaphone to promote its favorite policy ideas. For the Netherlands, which took over the presidency on 1 January, one surprising priority is open access (OA) to the scientific literature. Last week, the Dutch government held a 2-day meeting here in which European policymakers, research funders, librarians, and publishers discussed how to advance OA. The meeting produced an Amsterdam Call to Action that included the ambition to make all new papers published in the European Union freely available by 2020.

Given the slow pace with which OA has gained ground the past 10 years, few believe that’s actually possible, but the document is rallying support."

EU announces plans to banish geo-blocking, modernize copyright law; Ars Technica, 3/271/5

Glyn Moody, Ars Technica; EU announces plans to banish geo-blocking, modernize copyright law:

"At the heart of the European Union lies the Single Market—the possibility for people to buy and sell goods and services anywhere in the EU. So it is ironic that the European sector least constrained by geography—the digital market—is also the least unified. To remedy that situation, the European Commission has announced its Digital Single Market Strategy, which addresses three main areas.

The first is "Better access for consumers and businesses to digital goods and services" and includes two of the thorniest issues: geo-blocking and copyright. As the EU's strategy notes, "too many Europeans cannot use online services that are available in other EU countries, often without any justification; or they are re-routed to a local store with different prices. Such discrimination cannot exist in a Single Market."

There is strong resistance to removing geo-blocking, particularly from copyright companies that have traditionally sold rights on a national basis and which therefore want geo-blocking to enforce that fragmentation."

European Parliament Rejects Anti-Piracy Treaty; New York Times, 7/4/12

Eric Pfanner, New York Times; European Parliament Rejects Anti-Piracy Treaty:

"European legislators on Wednesday rejected an international treaty to crack down on digital piracy, a vote that Internet freedom groups hailed as a victory for democracy but that media companies lamented as a setback for the creative industries.

Foes of the treaty said the vote, by an overwhelming margin in the European Parliament at Strasbourg, would probably end the prospects of European involvement in the Anti-Counterfeiting Trade Agreement, or ACTA, which has been signed by the United States, Japan, Canada, Australia, South Korea and a number of individual E.U. members."

Unprecedented Vote: EU Parliament Trade Committee Rejects ACTA; Intellectual Property Watch, 6/21/12

Monika Ermert, Intellectual Property Watch; Unprecedented Vote: EU Parliament Trade Committee Rejects ACTA:

"In an unprecedented move, the European Parliament Committee on International Trade (INTA) today in Brussels passed a report recommending the rejection of the controversial Anti-Counterfeiting Trade Agreement (ACTA). Never before has INTA voted to reject a trade agreement negotiated by the Union.

With a vote of 19 to 12 (no abstentions) INTA members followed the recommendation of British MEP David Martin (S&D Party Group)."

IFRRO: Collective Management For Orphan Works; Intellectual Property Watch, 9/8/11

Intellectual Property Watch; IFRRO: Collective Management For Orphan Works:

"The International Federation of Reproduction Rights Organisations (IFRRO) has submitted comments on the proposed European Union directive on orphan works, which aims to increase legal certainty for use of creative works whose copyright holders cannot be found. The group, which represents collective management organisations, authors and publishers, called for collective management and licensing for orphan works."

ACTA Negotiators Still Aiming At Agreement By Year’s End; Intellectual Property Watch, 9/25/10

Kaitlin Mara, Intellectual Property Watch; ACTA Negotiators Still Aiming At Agreement By Year’s End:

"Countries negotiating a semi-secret trade agreement against piracy and counterfeiting this week in Tokyo are still aiming to reach agreement by the end of this year, a negotiator told Intellectual Property Watch today. The negotiator also did not reject outright the notion that patents might still be included in the draft treaty text, instead saying it is still a matter for discussion.

Negotiators for the Anti-Counterfeiting Trade Agreement (ACTA) are meeting from 23 September to 1 October in Tokyo for what some have said could be the final round of the negotiation."

http://www.ip-watch.org/weblog/2010/09/25/acta-negotiators-still-aiming-at-completion-by-year%e2%80%99s-end/

Europe Talks Tough On Piracy and Copyright; eWeek Europe, 12/15/09

Andrew Donoghue, eWeek Europe; Europe Talks Tough On Piracy and Copyright:

"European authorities have outlined plans to combat piracy and counterfeiting which includes plans to protect intellectual property across the region and the ratification of an international law on copyright in development since 1996.

The European Commission and member states met in Stockhom this week to discuss plans around the European Observatory for Counterfeiting and Piracy - an agency established last April. According to European authorities, the Observatory was created to help develp a "databank" of intelligence on how best to combat the threats posed to innovation in the region by piracy and counterfeiting.

"The EU is a world pacesetter for innovation, culture and creativity. It is time to put a stop to organised criminals freeloading on the ingenuity and hard work of the most resourceful businesses in the world. Counterfeiting and piracy is an affliction that is bringing criminality ever closer to our doors," said EC Internal Market and Services commissioner Charlie McCreevy.

McCreevy added that piracy threatens public safety and jobs in Europe."

http://www.eweekeurope.co.uk/news/europe-talks-tough-on-piracy-and-copyright-2773

New Google Book Settlement Tries To Appease Worries; Tech Dirt, 11/16/09

Mike Masnick, Tech Dirt; New Google Book Settlement Tries To Appease Worries:

"Separately, a lot of the focus on this new agreement, as with the old agreement, is over how Google treats orphan works. Again, I have to admit that I think most people are making a much bigger deal of this than it warrants. The orphan works stuff really covers a very small number of works. And giving rightsholders ten years to claim their rights seems more than adequate to me. I just don't see what the big deal is here. The real issue is that we have orphan works at all. Under the old (more sensible) copyright regime, you actually had to proactively declare your copyright interest. The only reason we have orphan works at all is that we got rid of such a system in the ongoing effort of copyright maximalists to wipe out the public domain.

Anyway, I think this is all something of a sideshow. I still stand by my original feeling towards the settlement, which is that I'm upset anyone felt it was necessary at all. Google had a strong fair use claim that I would have liked to have seen taken all the way through the courts. And, of course, this settlement really has nothing at all to do with the main issue of the lawsuit (that fair use question) and is really a debate over a separate issue: how to take the books Google scans and trying to turn them into a "book store" rather than more of a "library." And, in doing so, the important fair use question gets completely buried -- which I find unfortunate."

http://www.techdirt.com/articles/20091114/1842336943.shtml