This specialized course covers current development in the law of copyright and neighbouring rights in the European Union, with a special focus on the impact of technology, such as online platforms, artificial intelligence (AI), databases and industrial design. The course spans five evening sessions of two hours each (17.00-20.00 hours).
The course is aimed at lawyers, judges, academics, advanced students and other professionals working in collective rights management or the copyright industries. Participants are advised to do some limited reading in advance of each session, but this is not required.
The course is led by Prof. Bernt Hugenholtz of the University of Amsterdam, who is one of Europe’s leading scholars in the field of copyright law.
Last update: Mgr. Barbora Šicnerová (06.02.2024)
This specialized course covers current development in the law of copyright and neighbouring rights in the European Union, with a special focus on the impact of technology, such as online platforms, artificial intelligence (AI), databases and industrial design. The course spans five evening sessions of two hours each (17.00-20.00 hours).
The course is aimed at lawyers, judges, academics, advanced students and other professionals working in collective rights management or the copyright industries. Participants are advised to do some limited reading in advance of each session, but this is not required.
The course is led by Prof. Bernt Hugenholtz of the University of Amsterdam, who is one of Europe’s leading scholars in the field of copyright law.
Requirements to the exam -
Last update: Mgr. Barbora Šicnerová (06.02.2024)
1. There is a written exam at the end of the course.
2. Students shall received 3 credits for the course.
4. Written test maximum score is 20 points.
6. Written test might be repeated twice.
8. Maximum time limit for the test is 30 minutes.
9. Evaluation of the written test: the respective grades will be issued according to achieved score as follows:
Achieved score
Grade
20- 18 points
Excellent
17-15 points
Very Good
14-11 points
Good
10-0
Failed
Last update: Mgr. Barbora Šicnerová (06.02.2024)
1. There is a written exam at the end of the course.
2. Students shall received 3 credits for the course.
4. Written test maximum score is 20 points.
6. Written test might be repeated twice.
8. Maximum time limit for the test is 30 minutes.
9. Evaluation of the written test: the respective grades will be issued according to achieved score as follows:
Achieved score
Grade
20- 18 points
Excellent
17-15 points
Very Good
14-11 points
Good
10-0
Failed
Syllabus -
Last update: Mgr. Barbora Šicnerová (06.02.2024)
Day 1 (April 15, 2024): Author’s contracts
The EU Copyright in the Digital Single Market Directive (DSM Directive) provides for several mandatory provisions of contract law, aimed at protecting creators against unfair contracts. These include a right to fair compensation, a “bestseller clause”, a right of reversion, and a transparency obligation. This session will assess these new provisions and examine how they work out in practice.
Day 2 (April 16, 2024): Platform liability
The DSM Directive has also introduced controversial and complex new rules that establish direct copyright liability for online content sharing platforms, such as YouTube (Article 17 DSM Directive). This session focuses on the obligations that Article 17 imposes on the operators of large platforms, and the conditions for invoking immunity (notably, best efforts to license and content filtering). Additionally, we will look at the new right of press publishers that was introduced by Article 15 of the Directive.
Day 3 (April 17, 2024): Database protection
Over 25 years ago, the Database Directive (Directive 96/9/EC) introduced a sui generis right that protects database producers against misappropriation of their investments. In 2024, the database right remains controversial and its contours unclear, as recent case law of the Court of Justice of the EU demonstrates. In this session we will critically examine the subject matter and scope of protection of the database right, and discuss recent case law.
Day 4 (April 18, 2024): Copyright and AI
The emergence of powerful artificial intelligence, especially large language models such as ChatGPT, is a cause of serious concern and unimaginable opportunity in the creative sectors. The rise of AI also poses immense challenges to the system of EU copyright law. In this session we will focus on the use of protected content for the purpose of training AI models, in the light of the DSM Directive’s “text and data mining” provisions. We will also examine whether AI-assisted output qualifies for protection as a “work”.
Day 5 (April 19, 2024): Copyright & industrial design
Copyright law and industrial design (works of applied art) have always been uneasy bedfellows. Whereas copyright traditionally protects artistic creations, industrial design is heavily constricted by utilitarian and technical considerations. This session sets out the legal framework for protecting industrial design under EU law, and examines recent decisions of the EU Court of Justice.
Last update: Mgr. Barbora Šicnerová (06.02.2024)
Day 1 (April 15, 2024): Author’s contracts
The EU Copyright in the Digital Single Market Directive (DSM Directive) provides for several mandatory provisions of contract law, aimed at protecting creators against unfair contracts. These include a right to fair compensation, a “bestseller clause”, a right of reversion, and a transparency obligation. This session will assess these new provisions and examine how they work out in practice.
Day 2 (April 16, 2024): Platform liability
The DSM Directive has also introduced controversial and complex new rules that establish direct copyright liability for online content sharing platforms, such as YouTube (Article 17 DSM Directive). This session focuses on the obligations that Article 17 imposes on the operators of large platforms, and the conditions for invoking immunity (notably, best efforts to license and content filtering). Additionally, we will look at the new right of press publishers that was introduced by Article 15 of the Directive.
Day 3 (April 17, 2024): Database protection
Over 25 years ago, the Database Directive (Directive 96/9/EC) introduced a sui generis right that protects database producers against misappropriation of their investments. In 2024, the database right remains controversial and its contours unclear, as recent case law of the Court of Justice of the EU demonstrates. In this session we will critically examine the subject matter and scope of protection of the database right, and discuss recent case law.
Day 4 (April 18, 2024): Copyright and AI
The emergence of powerful artificial intelligence, especially large language models such as ChatGPT, is a cause of serious concern and unimaginable opportunity in the creative sectors. The rise of AI also poses immense challenges to the system of EU copyright law. In this session we will focus on the use of protected content for the purpose of training AI models, in the light of the DSM Directive’s “text and data mining” provisions. We will also examine whether AI-assisted output qualifies for protection as a “work”.
Day 5 (April 19, 2024): Copyright & industrial design
Copyright law and industrial design (works of applied art) have always been uneasy bedfellows. Whereas copyright traditionally protects artistic creations, industrial design is heavily constricted by utilitarian and technical considerations. This session sets out the legal framework for protecting industrial design under EU law, and examines recent decisions of the EU Court of Justice.
9. Richard Danbury, ‘The DSM Copyright Directive: Article 15’, Kluwer Copyright Blog
10. Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, Official Journal of 27 March 1996, No. L 77, 20
11. Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC, OJ L 130/92, 17 May 2019 [DSM Directive], Articles 18-23
12. Court of Justice EU, 3 June 2021, Case C-762/19 (CV Online Latvia)
14. Matthias Leistner and Lucie Antoine, ‘Attention, here comes the EU Data Act! A critical in-depth analysis of the Commission’s 2022 Proposal’, JIPITEC 13 (2022), p. 339-349
22. Court of Justice EU, 11 June 2020, Case C-833/18 (Brompton Bicycle)
Estelle Derclaye, ‘The CJEU decision in Brompton Bicycle – A welcome double rejection of the multiplicity of shapes and causality theories in copyright law’, Kluwer Copyright Blog (June 25, 2020
9. Richard Danbury, ‘The DSM Copyright Directive: Article 15’, Kluwer Copyright Blog
10. Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, Official Journal of 27 March 1996, No. L 77, 20
11. Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC, OJ L 130/92, 17 May 2019 [DSM Directive], Articles 18-23
12. Court of Justice EU, 3 June 2021, Case C-762/19 (CV Online Latvia)
14. Matthias Leistner and Lucie Antoine, ‘Attention, here comes the EU Data Act! A critical in-depth analysis of the Commission’s 2022 Proposal’, JIPITEC 13 (2022), p. 339-349
22. Court of Justice EU, 11 June 2020, Case C-833/18 (Brompton Bicycle)
Estelle Derclaye, ‘The CJEU decision in Brompton Bicycle – A welcome double rejection of the multiplicity of shapes and causality theories in copyright law’, Kluwer Copyright Blog (June 25, 2020
