Eleonora Rosati

👩🏼‍🏫 Professor of IP Law @Stockholm_Uni @ip_llm 🐦🐦 Of Counsel @twobirds 😺 Blogger @IPKat 📰 Editor @JIPLP

[Eleonora Rosati @eLAWnora]

AI training and copyright: can it be done lawfully by relying on provisions other than Article 4 DSMD, for example research- and education-specific exceptions or fair use defences? I answer this in the negative in a study just published in @EurJRR https://t.co/fI1DbalpNo

[Eleonora Rosati @eLAWnora]

The Mio/konektra decision is out. In short, if you liked AG Szpunar’s Opinion, you’ll like the CJEU's take too. But if you hoped for definitive clarity after 15 years since Infopaq, disappointment awaits https://t.co/HFNLN2RPsx

[Eleonora Rosati @eLAWnora]

AI training and copyright: is there a copyright exception (even beyond TDM) or open-ended fair use doctrine that covers the entirety of it? Most likely not for most cases. The result? A licensing horizon appears unavoidable @EurJRR https://t.co/fI1DbalXCW

[Eleonora Rosati @eLAWnora]

The autumn of AI: exceptions or rather licensing? Why neither the TDM exceptions nor the three-step test cover all unlicensed AI development https://t.co/lxCTq8FwlL

[Eleonora Rosati @eLAWnora]

A new academic paper, which has just been published by Computer Security Law Review and will be presented during a @4ipcouncil webinar on 30 October, seeks to answer this from the perspective of EU and UK law - do take a look and join the discussion! https://t.co/QXmZswE6Hl 2/2

[Eleonora Rosati @eLAWnora]

While movie studies have taken legal action against AI developers over the unauthorized use of their content for training purposes, the implementation of genAI by the movie industry itself is also growing. But what are the relevant issues that may arise under copyright law? 1/2

[SSRN @SSRN]

The Future of the #Movie Industry in the Wake of Generative AI: A Perspective under EU and UK Copyright Law

This study maps and critically evaluates issues facing the use of AI models from a movie industry perspective.

Author: Eleonora Rosati

Read More: https://t.co/hPLmzAzaWU

[4iP Council @4ipcouncil]

🎬 𝗨𝗣𝗖𝗢𝗠𝗜𝗡𝗚 𝗪𝗘𝗕𝗜𝗡𝗔𝗥 – 𝗧𝗵𝗲 𝗙𝘂𝘁𝘂𝗿𝗲 𝗼𝗳 𝘁𝗵𝗲 𝗠𝗼𝘃𝗶𝗲 𝗜𝗻𝗱𝘂𝘀𝘁𝗿𝘆 𝗶𝗻 𝘁𝗵𝗲 𝗪𝗮𝗸𝗲 𝗼𝗳 𝗚𝗲𝗻𝗲𝗿𝗮𝘁𝗶𝘃𝗲 𝗔𝗜

AI is transforming the way films are made, distributed, and protected. From new creative tools to lawsuits over unlicensed training data...

Join us for an exclusive webinar with Prof. Dr. Eleonora Rosati, who will present the findings of her study carried out with 4iP Council.

📅 𝟯𝟬 𝗢𝗰𝘁𝗼𝗯𝗲𝗿, 𝟭𝟲:𝟬𝟬 𝗖𝗘𝗦𝗧
🖥️ Online | Free registration

Prof. Rosati will explore key copyright issues under EU and UK law, including:
🎥 AI training on protected content and the need for licensing frameworks
🎥 The protectability of AI-assisted creative works
🎥 Legal risks and potential liability from AI-generated outputs

This is a great chance to understand how copyright will shape the future of cinema in the age of AI.

👉 Register now: https://t.co/1ZPxJ7l9vC

The article is available at 4iP Council website and soon to be published in Computer Security Law Review.
#Webinar #GenerativeAI #Copyright #MovieIndustry #AIandLaw #4iPCouncil #Innovation #ArtificialIntelligence #AI

[Eleonora Rosati @eLAWnora]

New article: "The Future of the Movie Industry in the Wake of Generative AI: A Perspective under EU and UK Copyright Law" https://t.co/XvwAJl1QQC

[Eleonora Rosati @eLAWnora]

Tthe CJEU is soon due to issue its Mio/konektra judgment. The Court should maintain its approach to infringement based on originality and reject any consideration of subjective elements or even adopt a test based on recognizability https://t.co/LUvHktvoXW

[Eleonora Rosati @eLAWnora]

An Italian celebrity, a model's "piercing eyes", and the right to privacy via trade mark law: Should actor Raoul Bova succeed in getting his registrations for 'OCCHI SPACCANTI' to prevent the further spread of embarrassing WhatsApp audios? Perhaps not https://t.co/Fuq9DzmE5n

[Eleonora Rosati @eLAWnora]

Here's the abstract of the article (published online in autumn 2024) https://t.co/8i367dOnEl All feedback welcome! Thanks to @IFPI_org, the anonymous reviewer, and the whole @EurJRR Team and @alemannoEU for hosting my work 2/2

[Eleonora Rosati @eLAWnora]

The latest issue of @EurJRR has just been released and also features my discussion of liability aspects facing AI-generated outputs under copyright and related rights. This is an area whose relevance appears to have grown considerably over the past few months 1/2

[Eleonora Rosati @eLAWnora]

A pre-print of the article is available on SSRN https://t.co/6URv1PWp7c 4/4

[Eleonora Rosati @eLAWnora]

Can unlicensed AI training be performed by relying, not on Art 4 of Directive 2019/790 (which has been also figuring prominently in the ongoing UK reform debate), but rather on other exceptions, notably those for research and education? And what about fair use doctrines? 1/4

[Eleonora Rosati @eLAWnora]

Both questions are answered in the negative: no exception/open-ended defence fully covers unlicensed AI training activities. As a result, a licensing approach appears to be the way for AI training to be undertaken lawfully, including when done for ‘research’ and ‘learning’. 3/4

[Eleonora Rosati @eLAWnora]

AG Spielmann has (unsurprisingly) advised the CJEU to rule that a derivative work may be ©️-protected if original, while also noting (more surprisingly) that free and creative choices may be made when one seeks to reconstruct/restore someone else's work https://t.co/Qf7BGvyLXu

[Eleonora Rosati @eLAWnora]

AG Emiliou has delivered his lPelham II Opinion. While the proposed definition of 'pastiche' is broadly acceptable - including the refusal to consider it a 'catch-all' concept - parts of the analysis are not relevant to the referred questions https://t.co/nekfHVI201

[Eleonora Rosati @eLAWnora]

The CJEU has received first referral specifically on AI and ©️. A 🇭🇺 court has asked if: (1) A chatbot engages rights of reproduction/making available to the public; (2) AI training is relevant under reproduction; and, if so, (3) The TDM exception(s) apply https://t.co/KJebtAJXki