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The yawning gap between traditional copyright principles and technological change
In my address to the Asia Pacific Copyright Association conference on Wednesday, I argued that copyright law is no longer fit for purpose, and its difficulties will only worsen without…
The Dupes Dilemma
Had an interesting interview this morning with Mike Hoskings on Newstalk ZB on the ongoing problem that New Zealand designers and clothing manufacturers have with fast fashion copycatting: The interview…
Authorship in the AI Age – Part 7 – Using Joint Authorship Principles as a Guide
In a previous post (Part 5 of this series) I looked at a range of issues that are testing the boundaries of copyright law and the principles that underpin them.…
BSA gets the Chop
The Government's scrapping of the Broadcasting Standards Authority (BSA) has drawn applause from some sources but also questions from others who ask whether reform rather than removal might have been the…
Authorship in the AI Age – Part 6 – An update on the important “fair use” concept of pastiche
In Part 4 of this series I dealt with derivative works, homogenisation and pastiche. I also referred to Eleonora Rosati’s article discussing AG Emiliou’s advice to the CJEU in what…
Authorship in the AI Age – Part 5 – Can generative AI with or without human support be genuinely creative?
In my previous post (Part 4 in the series) I discussed a range of topics including whether derivative works are treated as original in some jurisdictions, for example the EU,…
Authorship in the AI Age – Part 4 -Derivative Works, Homogenisation and Pastiche
In my previous post, Part 3 - I put forward a proposal for a new legal standard, which I call “Conceptual Orchestration”. This follows on from my discussion of the…
Lego Compatibility Statement does not amount to Trade Mark Infringement
When presenting at the IPTA conference last week in Adelaide, I discussed the recent New Zealand Court of Appeal decision in Zuru v Lego. Blake Knowles of IP Australia asked…
Authorship in the AI Age. Part 3 – A Proposed New Legal Standard – “Conceptual Orchestration”
In my second post I looked at the insidious influence of cognitive debt and outlined some of its ramifications. Traditional copyright has always assumed human authorship, which necessarily involves personal…