• Meddirektör för magisterprogrammet i europeisk immaterialrätt (60 hp)
• Direktör för Upphovsrätt med jurisdiktion och lagval lagval (15 hp), en specialkurs som ingår i magisterprogrammet i europeisk immaterialrätt
• Direcktor för Fashion and Intellectual Property Law (3.5 hp)
• Direcktor of Protection of Intellectual Property Rights Online and in Virtual Environments (3.5 hp)
• Meddirektör för Avancerad immaterialrätt (15 hp), en specialkurs som ingår i magisterprogrammet i europeisk immaterialrätt
• Meddirektör för Industriellt rättsskydd – patent och varumärken (15 hp), en specialkurs som ingår i magisterprogrammet i europeisk immaterialrätt
• Handledare för examensarbete i europeisk immaterialrätt (30 hp), en forskningsfokuserad kurs som ingår i magisterprogrammet i europeisk immaterialrätt

Översikt

Min forskning och mitt engagemang inriktar sig på immaterialrätt, med särskild fokus på EU och de nationella dimensionerna därav.

Mina verksområden omfattar: Processen och resultatet av EU:s upphovsrättsharmonisering och EU-domstolens roll; sanktioner online och mellanhänders roll och ansvar; mode och immaterialrätt; frågeställningar avseende jurisdiktion och tillämplig lag vid intrång online; varumärkesrätt inom EU; överskridande rättigheter; EU:s upphovsrättsreform.

Jag är författare till:

• Forskningsmonografier, Originality in EU Copyright (Edward Elgar:2013) och Copyright and the Court of Justice of the European Union (Oxford University Press:2023, 2nd edn); samt
• En kommentar till direktiv 2019/790: Copyright in the Digital Single Market - Article-by-Article Commentary to the Provisions of Directive 2019/790 (Oxford University Press:2021).

Jag har även varit redaktör för The Routledge Handbook of EU Copyright Law (Routledge:2021) och medredaktören (med Hayleigh Bosher) för Developments and Directions in Intellectual Property Law. 20 Years of The IPKat (Oxford University Press:2023).

Slutligen, är jag även långvarig skribent för den prisbelönta immaterialrättsliga bloggen The IPKat, för vilken jag författat över 1000 inlägg de senaste åren.

Påverkan och spridning

Jag har bidragit till ett flertal debatter kring lagstiftningsutvecklingen som oberoende sakkunnig inom mina egna forskningsområden.

Förutom att jag blivit ombedd av, bland annat, EU parlamentet, EU:s immaterialrättsmyndighet, och Världsorganisationen för den intellektuella äganderätten, att ta fram ett antal tekniska sammanfattningar och rapporter, har jag även blivit inbjuden att delta i officiella utfrågningar med EU:s institutioner (Världsorganisationen för den intellektuella äganderätten, EU kommissionen, EU:s immaterialrättsmyndighet, och European Audiovisual Observatory) och regeringar.

Jag har presenterat min forskning som talare vid ett flera akademiska institutioner och konferenser runt om i världen. Jag har förberett och levererat dialoger på begäran av internationella organisationer och EU-institutioner, liksom internationella yrkesorganisationer (ALAI, INTA, AIPPI, LIDC, och ECTA).

Forskningsfinansiering

Jag har säkrat finansiering för min forskning vid ett flertal tillfällen. Jag har fått publikationspriser från Stiftelsen Juridisk Fakultetslitteratur och bidrag från större intressenter - inklusive International Federation of the Phonographic Industry, Facebook och Audible Magic - samt ideella organisationer och offentliga organ - inklusive Wikimedia och Società Italiana Autori ed Editori.

Handledning av doktorander

Jag välkomnar projektbeskrivningar inom upphovsrätt, varumärken, mode och internetlagar.

I urval från Stockholms universitets publikationsdatabas

• Copyright and the Court of Justice of the European Union

  2023. Eleonora Rosati.

  Bok

  First released in early 2019, Copyright and the Court of Justice of the European Union is still the only book completely devoted to the case law of the Court of Justice of the European Union (CJEU) in the EU copyright field. It seeks to understand the Court’s role and action in the area of copyright and the resulting legacy. In his foreword to the first edition, First Advocate General Maciej Szpunar praised the ‘extremely profound analysis […] of EU copyright protection and relevant Court of Justice decisions’ finding that it constituted ‘uncharted territory, unveiling new information, perhaps never considered, even by members of the Court’. Between the first and the present edition, a lot has happened in the EU copyright field. Besides macro-events like the now completed departure of the UK from the EU and the adoption of the DSM Directive (2019/790), significant developments have also occurred in the case law of the CJEU. Among other things, seminal judgments have been issued, which touch upon all the main foundational aspects of EU copyright. This new edition is thus the result of a work of substantial revision. It provides novel insights into the activity of the CJEU in the copyright field and reflects on the resulting implications for the present and future of EU copyright.      

  Läs mer om Copyright and the Court of Justice of the European Union

• Copyright in the Digital Single Market

  2021. Eleonora Rosati.

  Bok

  In 2019, the EU legislature adopted Directive 2019/790 on copyright in the Digital Single Market. The Directive is supported by a multi-faceted rationale and represents one of the most significant and ambitious EU harmonization efforts in the copyright field so far.

  This book provides an article-by-article commentary to all the provisions of the Directive. It is the first and – so far – only book entirely devoted to Directive 2019/790.

  By analyzing the history, objectives, and content of each and every provision, as well as the relationship between some of those provisions and between the Directive and the pre-existing acquis, this book provides a rational, consistent and detailed explanation of the Directive as a whole and of its individual contents. It is a travel companion to all those who wish or need to navigate the legislative provisions that were adopted in 2019 to make EU copyright fit for the “digital single market”.

  Läs mer om Copyright in the Digital Single Market

• The Handbook of Fashion Law

  2025. .

  Bok (red)

  Over the past few years, 'fashion law' has emerged as a vibrant field of inquiry. The legal and policy issues affecting the fashion sector have been investigated with increasing intensity, while a growing number of private practice lawyers and in-house counsel regard themselves as practising fashion law. But what is fashion law? And what are the specific legal challenges facing the fashion sector, as well as related solutions? The Handbook of Fashion Law seeks to answer these questions by bringing together multiple voices, approaches, and jurisdictions.

  Its contributions are organized into four thematic areas. Part I considers the legal infrastructure or the fashion and luxury industries, addressing issues related to intellectual property (IP) as well as the demands of the circular economy, protection of cultural heritage, and freedom of expression and information. Part II maps the IP dimensions of fashion by reviewing the application of design rights, copyright, trademarks, geographical indications, plant variety rights, and trade secrets. Part III analyses specific contractual issues arising in the fashion sector. It examines the application of principles and rules found in regulatory frameworks, including those governing advertising, competition, consumer, and tax laws. Finally, Part IV dissects and evaluates the role of new and emerging technologies in the fashion sector from a legal perspective. It considers concepts such as ecommerce, 3D printing, counterfeiting, artificial intelligence, non-fungible tokens (NFTs), the metaverse, gaming, and wearable technology.

  The Handbook of Fashion Law offers readers a multidisciplinary and multijurisdictional understanding of legal challenges facing the fashion sector. Bringing together a diverse range of experts, its contributions offer readers an in-depth, critical, and strategic understanding of the fashion industry's legal intricacies.

  Läs mer om The Handbook of Fashion Law

• Developments and Directions in Intellectual Property Law. 20 Years of The IPKat

  2023. .

  Bok (red)

  Läs mer om Developments and Directions in Intellectual Property Law. 20 Years of The IPKat

• The Routledge Handbook of EU Copyright Law

  2021. Eleonora Rosati.

  Bok (red)

  The Routledge Handbook of EU Copyright Law provides a definitive survey of copyright harmonization in the European Union, capturing the essential and relevant issues of this relatively recent phenomenon. Over the past few years, two themes have emerged: one the one hand, copyright policy and legislative initiatives have intensified; on the other hand, the large number of references to the Court of Justice of the European Union has substantially shaped the EU copyright framework and, with it, also the copyright framework of individual EU Member States

  This handbook is a detailed reference source of original contributions which analyze and critically evaluate the state of EU copyright law with a view to detecting the key trends and patterns in the evolution of EU copyright, weighing the benefits and disadvantages of such evolution. It covers a broad range of topics through clusters focused on: the history and approaches to EU copyright harmonization; harmonization in the areas of exclusive rights, exceptions and limitations, and enforcement; copyright policy and legacy of harmonization.

  With contributions from a selection of highly regarded and leading scholars in this field, the Routledge Handbook on European Copyright Law is an essential resource for students and scholars who are interested in the field of copyright law.

  Läs mer om The Routledge Handbook of EU Copyright Law

• Infringing AI: Liability for AI-generated outputs under international, EU, and UK copyright law

  2024. Eleonora Rosati. European Journal of Risk Regulation

  Artikel

  The analysis of liability aspects facing Artificial Intelligence (‘AI’)-generated outputs under copyright and related rights has been overlooked compared to other issues connected to the development and use of AI. This study fills this gap by exploring pertinent questions under international, EU, and UK law. Specifically, the study tackles actionable reproduction, allocation of liability, and availability of defences. The analysis ultimately shows that, while it is clear that each case will need to be decided on its own merits, the generative AI output phase raises several profiles of liability under copyright law. If the goal of policymakers and relevant stakeholders is to ensure the balanced and sustainable development of AI, then the issues related to the generation and dissemination of AI outputs need to be given ample attention and a greater role in the debate than what has been the case so far, whether it is in the context of risk assessment and compliance, licensing initiatives, or in contentious scenarios.

  Läs mer om Infringing AI: Liability for AI-generated outputs under international, EU, and UK copyright law

• No step-free copyright exceptions: The role of the three-step in defining permitted uses of protected content (including TDM for AI-training purposes)

  2024. Eleonora Rosati. European intellectual property review

  Artikel

  International instruments providing for exceptions and limitations (“E&Ls”) to copyright and related rights invariably refer to the three-step test (“3ST”). The requirement that permitted uses of copyright works and protected subject-matter be limited to certain special cases, which do not conflict with a normal exploitation thereof and do not unreasonably prejudice the legitimate interests of the concerned rightholder is found in regional legislation and several national copyright statutes too. Yet, the meaning, scope of application, and addressees of the 3ST remain – still today – the subject of uncertainty and diverging views. A debated issue is whether a court, having established that the relevant conditions of an applicable E&L under national law are prima facie satisfied, is also required to assess if the unauthorized act in question passes the 3ST to determine if that particular act is in fact outside the control of the concerned rightholder. This study addresses this question, which is ultimately answered in the affirmative.

  As international, regional and national practices alike indicate, the 3ST is not only binding upon national (and, where relevant, regional) legislatures, but also courts when interpreting and applying domestic copyright statutes. That is so irrespective of whether the relevant copyright statute expressly refers to the language of the 3ST. By also considering as a case study – though the relevant conclusions hold true for any E&L and any system of E&Ls (whether open-ended or closed) – unlicensed text and data mining (“TDM”) practices and related E&Ls in selected jurisdictions in Asia and Europe, the study shows that national courts tasked with determining if an available TDM E&L is applicable in a certain case are also required to assess if the requirements of the 3ST are fulfilled given the circumstances at hand.

  The analysis is structured as follows. Part 1 is devoted to the 3ST as found in international law: it reviews relevant history, rationale, and scope of application before turning to its application in practice. Part 2 considers the 3ST as found in regional (EU) and national law. With regard to the former, it discusses case law of the Court of Justice of the European Union, which clearly imposes an obligation upon national courts also to consider the 3ST when deciding on the applicability of a potentially available E&L under national law. Turning to the latter, a review of selected national experiences is conducted, which demonstrates how the consideration of the 3ST is not only necessary for courts in jurisdictions whose relevant statutes expressly refer to it, but also in jurisdictions where no specific mention is found in legislative instruments. Part 3 adopts purpose-specific E&Ls allowing TDM as a case study for a review of E&Ls in light of the international/regional three-step. In this sense, the focus is on the experience of selected jurisdictions in Asia (Japan and Singapore) and Europe (UK and EU). Part 4 discusses how national courts in those jurisdictions shall be required to interpret and apply national E&Ls for TDM in order to construe them in a way that satisfies the relevant requirements thereunder. Part 5 reflects on the broader implications of the analysis conducted in the preceding parts, by considering the applicability of the 3ST to any E&L and to any system of E&Ls (closed/open-ended) and the function of the 3ST more generally to ensure that a fair balance is struck between the requirement to ensure a high level of protection of intellectual property and copyright, on the one hand, and third-party fundamental rights and interests, on the other.

  The main conclusion is that the 3ST informs (a) the drafting and construction of E&Ls, (b) their implementation into domestic law, and (c) their application in practice. In turn, it is not sufficient for a court to consider whether the relevant conditions of a given E&L are satisfied: that court must also review whether the unauthorized use of a copyright work or other protected subject-matter may exclude liability of the defendant in light of the requirement that an E&L is limited to certain special cases, which do not conflict with the normal exploitation of the protected content at hand and do not unreasonably prejudice the legitimate interests of the rightholder. All this is further confirmed by the consideration that the 3ST is a fundamental mechanism that contributes to ensuring – in compliance with international, regional and national laws alike – that a fair balance is struck between protection of copyright and related rights, on the one hand, and third-party rights and legitimate interests, on the other. Failure to consider the 3ST on the side of either legislatures or courts implies that no fair balance may be fully achieved, including having regard to the development of generative AI.

  Läs mer om No step-free copyright exceptions: The role of the three-step in defining permitted uses of protected content (including TDM for AI-training purposes)

• The Localization of IP Infringements in the Online Environment: From Web 2.0 to Web 3.0 and the Metaverse

  2023. Eleonora Rosati. World Intellectual Property Organization

  Artikel

  • Over time, technological advancements have resulted in novel ways both to exploit content and to infringe rights – including intellectual property rights (IPRs) – vesting in them.  Legislative instruments have consistently clarified that pre-existing rights continue to apply to new media, i.e., means to disseminate intangible assets, including in digital and online contexts.  In terms of rights enforcement, however, the progressive dematerialization of content and dissemination modalities has given rise to challenges, including when it comes to determining where an alleged IPR infringement has been committed. 
  • This study seeks to answer the following questions: Can the same criteria and notions developed in relation to other dissemination media find application in the context of IPR infringements carried out through and within the metaverses?  Does the distinction between centralized and decentralized metaverses have substantial implications insofar as the localization of IPR infringements is concerned?
  • Insofar as the questions presented above are concerned, the one asking whether the same criteria and notions developed in relation to other media may find application in the context of IPR infringements carried out through and within the metaverses is answered in the affirmative.  It is further submitted that the distinction between centralized and decentralized metaverses – while of substantial relevance to the determination of enforcement options – may not have significant implications insofar as the localization of IPR infringements is concerned. 

  Läs mer om The Localization of IP Infringements in the Online Environment: From Web 2.0 to Web 3.0 and the Metaverse

• Copyright at the CJEU: Back to the start (of copyright protection)

  2023. Eleonora Rosati. Developments and Directions in Intellectual Property Law. 20 Years of The IPKat

  Kapitel

  In its 2009 decision in Infopaq (C-5/08), the Court of Justice of the European Union (CJEU) achieved a landmark result: the de facto, horizontal harmonization of the originality requirement. After that, nothing could stay the same. 

   After providing an overview of the harmonization process in the copyright field over the past 30 years or so and, with that, the environment in which Infopaq came to be, this chapter considers Infopaq and the expansive effect of subsequent case law on other copyright subsistence requirements. The analysis also notes how the eventual outcome of Cofemel (C-683/17), insofar as works of applied art are concerned, is perfectly in line with such a jurisprudence. The chapter further considers the legal and institutional difficulties that such a string of CJEU decisions has given rise to and is yet to resolve before concluding that further questions are likely to be posed to the CJEU in the not too distant future. In other words: the construction of EU copyright is far from over. 

  Läs mer om Copyright at the CJEU: Back to the start (of copyright protection)

• Copyright Reformed: The Narrative of Flexibility and Its Pitfalls in Policy and Legislative Initiatives (2011 – 2021)

  2022. Eleonora Rosati. Asia Pacific Law Review

  Artikel

  This article reviews selected copyright policy and legislation at the international, regional, and national level during the period 2011 – 2021. It identifies a common and consistent narrative that supported reform initiatives in the surveyed jurisdictions: the modernization of copyright requires greater flexibility so that the undertaking of certain acts without authorization is not unduly restricted and a fairer balance of rights and interests may be, as a result, achieved. Through the analysis of reform initiatives in different areas of copyright and across several different jurisdictions, it is shown how the flexibility narrative has on occasion had the effect of unduly altering the preventive nature of copyright’s exclusive rights, inappropriately referring to exceptions and limitations as rights of users, overlooking relevant legal obligations, and introducing undue rigidity within the system of private autonomy. It is ultimately submitted that flexibility should not be conflated with fairness. As such, policy- and law-makers should be wary of superficially framing ongoing and future reform discourse around such a narrative without considering the shortcomings that it has led and might unduly lead to. 

  Läs mer om Copyright Reformed: The Narrative of Flexibility and Its Pitfalls in Policy and Legislative Initiatives (2011 – 2021)

• The Louboutin/Amazon cases (C-148/21 and C-184/21) and primary liability under EU trade mark law

  2022. Eleonora Rosati. European intellectual property review (7)

  Artikel

  In Louboutin/Amazon (C-148/21 and C-184/21), the Court of Justice of the European Union (‘CJEU’) has been requested to determine whether and, if so, at what conditions the operator of an online marketplace (a hybrid marketplace) may be found liable under Article 9(2) of the EU Trade Mark Regulation 2017/1001 for the display of advertisements and the delivery of infringing goods that are offered for sale and placed on the market upon the initiative and under the control of independent sellers that avail themselves of that operator’s services.

  This opinion piece addresses the broader context against which these joined cases will need to be assessed and concludes that the operator of an online marketplace like the one described by the referring courts should not be held directly liable for trade mark infringement. As such, the CJEU should answer all referred questions in the negative. Holding otherwise would not only be contrary to settled case law of the Court itself, but would also unduly broaden the scope of application of the EU primary liability regime for trade mark infringement.

  Läs mer om The Louboutin/Amazon cases (C-148/21 and C-184/21) and primary liability under EU trade mark law

• Linking and copyright in the shade of VG Bild-Kunst

  Eleonora Rosati. Common market law review

  Artikel

  In VG Bild-Kunst, the Grand Chamber of the ECJ has expressly held, for the first time, that

  linking to a copyright work lawfully published on a third-party website may be restricted

  through contract and not solely through technical restrictions on access (for instance, a

  paywall). To this end, however, the concerned rightholder is required to adopt or mandate

  the adoption of effective technological measures. Lacking these, an unauthorised act of

  linking shall not be infringing. The judgment has important implications for the construction

  of the right of communication to the public in the InfoSoc Directive 2001/29 and its

  application to online scenarios, as well as for the interpretation of provisions in other EU

  copyright directives, including the DSM Directive 2019/790. It also raises questions

  regarding the compatibility of the Court’s reasoning with key tenets of copyright law, such

  as the no formalities rule in the Berne Convention, and the prohibition of exhaustion of this

  economic right.

  Läs mer om Linking and copyright in the shade of VG Bild-Kunst

• The Digital Services Act and Copyright Enforcement: The case of Article 17 of the DSM Directive

  2021. Eleonora Rosati. Unravelling the Digital Services Act Package, IRIS Special, 2021/1

  Konferens

  In late 2020, the European Commission unveiled its Proposal for a Digital Services Act (DSA). Once adopted, the DSA may confirm the core principles of the ‘safe harbour’ regime for certain information society service providers (ISPs, as well as the prohibition of general monitoring as currently found, respectively, at Articles 12 to 14 and 15 of the e-Commerce Directive.201 It may also uphold the removal of any disincentives to proactive behaviours of ISPs in accordance with its “Good Samaritan” approach, as well as enhance fairness, transparency, and accountability with regard to certain digital services’ moderation practices.

  At a first and formal glance, the DSA Proposal and the EU copyright framework, including the 2019 Directive on copyright and related rights in the Digital Single Market (DSM Directive) belong to two separate worlds: recital 11 and Article 1(5) of the former expressly state that it shall be without prejudice to EU rules in the copyright and related rights field. It follows that, among other things, the DSM Directive and the regime contained in its Article 17 shall be regarded as lex specialis to the DSA (once adopted), on the consideration that they relate specifically to copyright infringements andbecause they apply to a sub-set of online platforms, that is, online content sharing service providers (hereinafter, OCSSPs).

  All the above said, however, it would be both superficial and erroneous to think that the DSA will not affect the interpretation and application of Article 17 of the DSM Directive. The eventual shape of the DSA will be of great relevance to inter alia determining when the regime in Article 17 applies in the first place, to whom, and how.

  Läs mer om The Digital Services Act and Copyright Enforcement: The case of Article 17 of the DSM Directive

• When does a communication to the public under EU copyright law need to be to a ‘new public’?

  2020. Eleonora Rosati. European Law Review

  Artikel

  This article analyses CJEU case law on the notion of ‘new public’ in the context of the right of communication to the public in EU copyright law, with a focus on Article 3(1) of the InfoSoc Directive. It investigates its origin, use and development, as well as the justifications given for such use. By identifying for the first time four distinct groups of case law, the analysis shows how the role of the ‘new public’ has changed over time. If intended as a requirement, the ‘new public’ creates undue complexity in the reasoning of the CJEU in most instances. While others have suggested that the CJEU should disregard this notion altogether, this article proposes a less radical way for the CJEU to ‘escape’ the difficulties inherent to its own jurisprudence.

  Läs mer om When does a communication to the public under EU copyright law need to be to a ‘new public’?

• What Does the European Commission Make of the EU Copyright Acquis When It Pleads Before the CJEU? The Legal Service’s Observations in Digital/Online Cases

  2020. Eleonora Rosati. European Law Review 45 (1), 67-99

  Artikel

  This is the first study entirely devoted to analysing the content of the European Commission’s observations in CJEU copyright referrals, with an emphasis on the online/digital dimension. It examines the Commission’s view of the EU copyright acquis in relation to economic rights, exceptions and limitations and enforcement, and evaluates it in light of international and EU law. The observations have been sometimes consistent with case law, but this has not been so in a number of topical instances. This contribution suggests that all this signals an (unsuccessful) attempt on the side of the Commission to persuade the CJEU to ‘depart’ from consolidated case law, justified more by policy considerations rather than a rigorous reading of the law and earlier jurisprudence.

  Läs mer om What Does the European Commission Make of the EU Copyright Acquis When It Pleads Before the CJEU? The Legal Service’s Observations in Digital/Online Cases

• The absolute ground for refusal or invalidity in Article 7(1)(e)(iii) EUTMR/4(1)(e)(iii) EUTMD

  2020. Eleonora Rosati. Journal of Intellectual Property Law and Practice 15 (2), 103-122

  Artikel

  Among the absolute grounds for refusal or invalidity in EU trade mark law, there is one for signs that consist exclusively of ‘the shape, or another characteristic, which gives substantial value to the goods’.

  The ‘substantial value’ exclusion has received relatively limited attention and practical application. Some commentators have called for its abolition on consideration that other, clearer absolute grounds may perform its role without giving rise to those issues linked to its uncertain meaning and scope.

  This contribution reviews relevant EU case law on the substantial value ground in order to define rationales, scope and functions thereof. It submits that the substantial value ground performs a role—primarily that of preventing or limiting a distortion of the role of trade mark registration—which cannot be subsumed in other grounds. However, clearer guidance on certain fundamental aspects, including the role of the average consumer, reputation and the relevance of the behaviour of the trade mark applicant/owner, is still required.

  Läs mer om The absolute ground for refusal or invalidity in Article 7(1)(e)(iii) EUTMR/4(1)(e)(iii) EUTMD

• Copyright as an obstacle or an enabler? A European perspective on text and data mining and its role in the development of AI creativity*

  2019. Eleonora Rosati. Asia Pacific Law Review 27 (2), 198-217

  Artikel

  Text and data mining (TDM) may be performed in a variety of fields and for different purposes. Among other things, TDM techniques may be used to ‘train’ Artificial Intelligence (AI), also for the purpose of AI-driven creativity. In this context, copyright restrictions might be in place, even if copies made of pre-existing content are only used internally and are instrument to the creation of something ‘new’. Recently, in the context of the Directive 2019/790 on copyright in the Digital Single Market, the EU legislature introduced two new mandatory exceptions for TDM.

  This contribution discusses the interplay between TDM and AI creativity by focusing, first, on the potential and technicalities of TDM and the interplay with legal restrictions. Second, it reviews the copyright-related issues facing TDM and the debate underlying the adoption of this new piece of EU legislation. Third, it reflects on the future of AI creativity in Europe.

  This article concludes that, even despite the adoption of two new mandatory TDM exceptions in the DSM Directive which are now to be transposed by individual EU Member States, copyright restrictions might continue affecting and restricting significantly the possibility of undertaking TDM activities in Europe.

  Läs mer om Copyright as an obstacle or an enabler? A European perspective on text and data mining and its role in the development of AI creativity*

• Assessment of the Belgian additional remuneration rights for authors and performers (Articles 54 and 62 of the Law of 19 June 2022) in light of EU law

  2024. Eleonora Rosati. European Intellectual Property Review

  Artikel

  This contribution focuses on the Belgian transposition of Directive 2019/790 (“CDSMD”). Specifically, it is concerned with assessing the compatibility of Articles 54 and 62 of Law of 19 June 2022 (“Belgian Law”) with Articles 17 and 18 CDSMD.

  Both Articles 54 and 62 of the Belgian Law have introduced an additional remuneration right (“ARR”) in favour of authors and performers who have transferred their rights to third parties for the communication/making available to the public of their works and performances. The former relates to uses of works and performances by online content-sharing services providers (“OCSSPs”), while the latter concerns uses by streaming services. In turn, Article 17 CDSMD governs the use of protected content by OCSSPs (as defined in Article 2, No 6 therein). Article 18 CDSMD sets forth a principle of appropriate and proportionate remuneration of authors and performers in certain cases. 

  This opinion explains why the ARRs introduced by the Belgian legislature through Articles 54 and 62 of the Belgian Law are incompatible with inter alia the EU law provisions referred to above and, therefore, the obligations of the Belgian State as arising from its EU membership. 

  Läs mer om Assessment of the Belgian additional remuneration rights for authors and performers (Articles 54 and 62 of the Law of 19 June 2022) in light of EU law

• 'Algorithm Fashion': An EU Perspective on Copyright-Related Challenges to Anticipating Consumers' Spending Decisions

  2024. Eleonora Rosati. Routledge Handbook of Fashion Law (Routledge:2024)

  Kapitel

  Like any other commercial sector, the fashion industry is also working towards reducing the risk of ‘unsuccess’, that is decreased sales and loss of brand attractiveness and value. One way to achieve all this is by mining the large quantities of text and data that are shared daily through social media, in order to ‘understand’ consumers’ tastes and desires well before they are externalized through purchasing decisions. In other words, the goal is to anticipate such decisions. As a result, ‘algorithm fashion’ is on the rise. From a technical standpoint, however, mining processes often – though not invariably – require the undertaking of acts of reproduction of content – whether image, video, or text – that might be inter alia protected by copyright and/or related rights. As such, these processes become relevant from a copyright perspective too. This chapter considers the rise of algorithm fashion from an EU perspective, focusing in particular on the scope of the recently adopted exception or limitation for text and data mining found in Article 4 of the DSM Directive (2019/790) in order to determine whether and to what extent unlicensed mining activities may be undertaken in a commercial setting.

  Läs mer om 'Algorithm Fashion': An EU Perspective on Copyright-Related Challenges to Anticipating Consumers' Spending Decisions

• The role, responsibility and liability of online intermediaries under EU IP law

  2024. Eleonora Rosati. Routledge Handbook of Fashion Law

  Kapitel

  Over the past several years, the role of online intermediaries has become central in rightholders’ enforcement efforts. In parallel with this rising prominence, the role and responsibilities of online intermediaries have undergone a significant evolution. On the one hand, safe harbour regimes and, correspondingly, notice-and takedown systems have made their way into the legislation of several countries around the world. On the other hand, a trend has emerged¾particularly in Europe¾towards a greater responsibilization of online intermediaries. This has unfolded in two key ways. The first has been through the availability of injunctions against online intermediaries irrespective of any liability thereof: the types and content of such orders have been shaped by courts, also in response to technological advancements and the emergence of new infringing modalities. The second has been the consideration that certain types of internet platforms could no longer or not just be found liable for users’ infringing activities on a secondary/indirect/accessory basis but also on a primary/direct basis: in Europe, that is now the case under both copyright and trade mark laws. This chapter reviews the evolution that all these areas have undergone through case law and legislation alike and reflects on the role that fashion and luxury companies and conglomerates have had in all of this. 

  Läs mer om The role, responsibility and liability of online intermediaries under EU IP law

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