Advocating for a world where intellectual
property law serves the public interest.

The Great Flip: Is Opt Out a Prohibited Formality under the Berne Convention? Part I

Lokesh Vyas and Yogesh Badwal This post was originally published on Spicy IP. Bonjour, Lately, we’ve been cogitating on this curious concept called the “opt-out”, which has been cropping up with increasing frequency in generative AI litigation, including in India. The EU and the UK are taking the idea seriously and considering giving it statutory teeth. On the surface, it […]

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US Proposes Limiting IGC Meetings and Mandate

Sean Flynn The United States delegation, in its opening statement to the World Intellectual Property Organization’s Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore, expressed its desire to limit the activities and mandate of the Committee. The US statement, made at the 51st meeting of the Committee, recalled that the last two […]

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EIFL publishes new provision on Secondary Publication Rights

Luca Schirru and Sean Flynn EIFL Draft Law on Copyright On May 27, 2025, EIFL launched an updated version of its Draft Law on Copyright, featuring a new provision on Secondary Publication Rights (SPRs) (more information about the process can be found here). The new provision reads as follows:  This provision is part of the […]

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Fair Use and Generative AI: Reading Between the Lines of the USCO Report

Luca Schirru and Sean Flynn At the beginning of May, the report “Copyright and Artificial Intelligence. Part 3: Generative AI Training” was released, sparking a wide range of debates due to its content and the political issues surrounding its release. In this short contribution, we aim to briefly introduce the report and touch on some […]

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The South African Copyright Amendment Bill at the Constitutional Court: Notes from the Presidential Referral of the Bill (Part II)

— Sanya Samtani[1] In Part I of this blogpost, I briefly set out the procedural history of the copyright reform process that led to the Presidential Referral of the Bill to the Constitutional Court. I also briefly explained the scope of Referral proceedings and the parties involved. In this Part, I discuss the issues raised […]

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The South African Copyright Amendment Bill at the Constitutional Court: Notes from the Presidential Referral of the Bill (Part I)

— Sanya Samtani[1] On 21 and 22 May 2025, the South African Constitutional Court heard the matter of Ex Parte President of the Republic of South Africa: In re Constitutionality of the Copyright Amendment Bill and the Performers’ Protection Amendment Bill. The hearing in these ‘Referral proceedings’ was significant as it was only the second […]

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