Category Archives: European Private Law
Thomas Margoni and others, ‘The Concept of Lawful Access and its Implications for User Freedoms in the EU Copyright Acquis: Opinion of the European Copyright Society’
ABSTRACT The advent of digital technologies and connected patterns of production and consumption has progressively displaced ownership in favour of access as the predominant mode of enjoyment of works of authorship and other information goods. This transition from acquiring physical copies to subscribing to digital services has become prevalent across various sectors and has even […]
Lukas Rass-Masson, ‘The Impact of European Private International Law and the réserve héréditaire in France’
ABSTRACT Whether the réserve héréditaire (forced heirship under French inheritance law) forms part of French international ordre public, and therefore falls within the public-policy exception, has long been the subject of a major doctrinal debate in France. While the traditional answer was positive, the contemporary evolution of French private international law, driven in particular by […]
Marco Pasqua, ‘Adapting Private International Law to Anti-SLAPP Litigation: Yesterday, Today and Tomorrow’
ABSTRACT Strategic Lawsuits Against Public Participation (SLAPPs) are legal actions – most commonly based on defamation, privacy or related claims – brought not to genuinely assert or protect a right, but to prevent, restrict or penalise public participation. They are typically characterised by an imbalance of power between the parties, the use of procedural tactics […]
Josef Drexl, ‘EU Copyright reform: Between promoting AI-based innovation and safeguarding the livelihood of authors and democracy’
ABSTRACT The advent of generative AI, which enables the production of high-quality content comparable to copyright- protected works at significantly lower cost, poses a significant threat to the livelihoods of many creative professionals. If these professionals were driven out of the market, this could also have serious implications for democracy. In response to this situation, […]
Luís de Lima Pinheiro, ‘Law Applicable to International AI Torts, A Note on a Forthcoming Contribution’
ABSTRACT This note summarizes the analysis, key insights and proposals advanced in the contribution ‘Law Applicable to International AI Torts: An Introduction’, forthcoming in Memorial Publication in Honour of Prof Dr Dr hc mult Erik Jayme, ed by Martin Gebauer and Heinz-Peter Mansel, Verlag Gieseking, Bielefeld, to be published in May 2027. The choice of […]
Merane and Stremitzer, ‘Automated private enforcement: evidence from the Google Fonts Case’
ABSTRACT Plaintiffs often lack incentive to enforce low-value claims, weakening defendants’ compliance incentives. The Google Fonts Case offers a unique opportunity to explore whether automated private enforcement increases compliance. After a German court ruled that dynamically embedding Google Fonts violated the GDPR, an Austrian lawyer reportedly used automated tools to detect violations and threaten lawsuits. […]
Ulaş Göker Bektaş, ‘The Algorithmic Authorship Threshold: identifying human contribution in AI-assisted creativity’
ABSTRACT Artificial intelligence-assisted creativity increasingly challenges the practical application of EU copyright law by obscuring how human creative contribution should be identified within technologically mediated production processes. While the Court of Justice of the European Union has developed a coherent originality doctrine centred on the author’s ‘own intellectual creation’, existing case law presupposes creative environments […]
Emmanuel Kwasi Abrokwa, ‘Compensation for Data Breach Victims under Article 82 GDPR: A Critical Analysis’
ABSTRACT This paper critically evaluates whether Article 82 of the GDPR provides an effective system for financial compensation to individuals who have suffered harm from breaches of their personal data. The research uses current CJEU case-law to demonstrate that, although liability provisions on the amount of compensation are being established, allowing each member state’s court […]
Shuxin Zhang, ‘Private data in safe hands? Evolving privacy concerns in the digital era’
ABSTRACT Privacy is widely recognised as a fundamental human right in many democratic societies, as enshrined in instruments such as Article 8 of the European Convention on Human Rights (ECHR). This paper examines the enforcement landscape of data protection in the United Kingdom, with particular attention to the UK General Data Protection Regulation (UK GDPR). […]
Giulia Priora, ‘A New Way to Look at EU Copyright Law: Regulating Digital Platforms to Promote Education’
ABSTRACT This paper proposes a new way of looking at EU copyright law, shifting the analytical focus from the traditional binary of infringements and exceptions toward the regulation of digital platforms as a means of promoting education. It begins by examining the misalignments that characterise the EU’s regulation of digital copyrights, particularly as they affect […]