Category Archives: European Private Law
‘The AI Act provisions relating to copyright – Possibility of private enforcement? Germany as an example’
The EU AI Act contains some provisions that have a copyright connection. Examples are the obligation for providers of general-purpose AI models to establish a policy to respect the rights reservation in Art 4(3) DSM Directive 2019/790 (Art 53(1)(c) AI Act) and their obligation to provide a sufficiently detailed summary about the content used for […]
Patrizia Giampieri, ‘AI-Powered Contracts: a Critical Analysis’
ABSTRACT Artificial Intelligence (AI) applied to the legal domain is gaining ground. AI is argued to be particularly helpful with labour-intensive activities and repetitive tasks. Amongst the various AI solutions, ChatGPT has gathered momentum and its acclaimed advantages are, amongst others, document generation and contract review. This paper wishes to assess the effectiveness of two […]
Vladimir Apraxine, ‘EU Copyright Law as a Catalyst of Change: Empowering Artists and Fostering Human Creativity Amidst the rise of Generative Artificial Intelligence’
ABSTRACT Generative Artificial Intelligence (GenAI) has emerged as one of the most transformative and disrupting technologies ever seen. It is capable of autonomously producing very realistic, unique and aesthetic outputs. While this innovation offers clear benefits and opportunities, human creativity and artistic professions, although providing fundamental avenues of communication and social change, are endangered by […]
Jinxian Chen, ‘Laesio Enormis: Origin and Historical Evolution’
ABSTRACT The rule of laesio enormis allows the disadvantaged party to circumvent the constraints of a legal transaction when being exploited by the other party, serving as a crucial legal device of private law justice. Originating in late antiquity, laesio enormis was initially implemented as a special intervention to protect vulnerable land sellers. In the […]
Róisín Costello, ‘The Test in Kelly v Hennessy and Article 82(1) of the General Data Protection Regulation’
ABSTRACT In this article, I examine the test for recovery of non-material damages in Irish law. I argue that the existing tortious test for the recovery of such damages, established in Kelly v Hennessy, is applicable to such claims. However, it is also argued that several recent decisions have failed to engage, or engage fully, […]
Borg-Barthet and Farrington, ‘The EU’s Anti-SLAPP Directive: A Partial Victory for Rule of Law Advocacy in Europe’
ABSTRACT Strategic Lawsuits Against Public Participation or SLAPPs are abusive lawsuits which have the purpose or effect of suppressing public participation. This Article considers the peculiarities of this form of ‘strategic litigation’ and takes stock of developments in the European Union to combat SLAPPs, noting that while the adoption of an Anti-SLAPP Directive represents an […]
Thomas Riis, ‘A model of “rough justice” for internet intermediaries from the perspective of EU copyright law’
ABSTRACT Internet intermediaries’ content moderation raises two major problems. The first relates to the accuracy of the moderation practices, which is an issue on whether the intermediaries over-enforce or under-enforce. The second problem concerns the inherent privatization of justice that results when enforcement of rights is left to a private party. The purpose of the […]
Ana Mercedes Lopez Rodriguez, ‘Class Action in the EU: Lessons From Mixed Jurisdictions’
ABSTRACT Class actions enable consumers to take collective action against wrongdoing by businesses, which individual consumers may not find affordable or worthwhile. One of the drivers of the success of class actions has been the availability of funding to litigants. Along with these benefits come risks of abuse of the legal process. This article discusses […]
Johannes Fritz, ‘Understanding authorship in Artificial Intelligence-assisted works’
ABSTRACT The advent of generative Artificial Intelligence (AI) has brought about a significant shift in the way works are created, with the blurring of boundaries between human and machine-driven creation processes becoming a prominent challenge. This leads to the question of whether authorship in such works exists and, if so, whom it should be attributed […]
Teilmann-Lock and Savin, ‘The Ends of the AI-Copyright Wars? Towards European Dataset Law’
ABSTRACT The advent of generative AI raises profound questions about the ownership not only of data but also of data sets. European law has, in the main, sought to address these questions through the lens of copyright law in an attempt to address what the creative sector sees as a blatant theft of its work. […]