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The AI Remuneration Debate: Three Perspectives

The rapid development of generative AI has sparked intense debate over how, or even if, creators should be compensated when their copyrighted works are used to train commercial AI systems. This issue pits the drive for technological innovation against the fundamental rights of authors to benefit from their creations, leading to diverse proposals for legal and economic frameworks that seek to strike a fair balance. The following three presentations from the Global Expert Network on Copyright User Rights Symposium in June 2025 explore this complex landscape from distinct legal, philosophical, and geopolitical perspectives. The Geneva Centre on Knowledge Governance and the Program on Information Justice and Intellectual Property bring you three contributions to the AI Remuneration Debate. PART 1: Christophe Geiger approaches the problem from a human rights perspective, arguing for a balance between the right to develop AI for cultural and scientific progress and the author’s right to benefit from their work. He critiques current systems, noting the “all-or-nothing” nature of the US “fair use” doctrine and the EU’s “bizarre” opt-out rule for text and data mining, which he believes fails to secure fair compensation for authors due to unequal bargaining power with publishers and producers. His central proposal is to replace the EU’s opt-out system with a mandatory statutory remuneration scheme for the commercial use of works in AI training. Drawing on the success of similar “remunerated exceptions” in Europe, which generate significant revenue, Geiger proposes that income from this scheme be distributed directly to creators. Geiger contends this model would uphold authors’ human right to fair remuneration without stifling innovation. PART 2: Zachary Cooper reframes the debate by arguing that traditional copyright concepts are becoming obsolete in an age of infinite digital remixing and AI-driven content creation. He contends that focusing on authorship thresholds is futile because the line between human and machine creation is hopelessly blurred and impossible to audit reliably. Methods like watermarking are technically weak and easily circumvented. For Cooper, the real issue is the massive scale of AI generation, which makes copyright enforcement impractical and weakens creators’ negotiating power. He describes copyright as “a dam in an infinite river,” an outdated barrier against a constant flow of transformation. Instead of rigid ownership rules, Cooper suggests the future lies in collective licensing models and a greater emphasis on attribution and visibility, which would allow creators to capture value as their work spreads across massive platforms. PART 3: Vitor Ido situates the remuneration debate within the political and economic context of Brazil and Latin America, presenting it as a crucial tool for regulating corporate power and protecting national creative industries. He explains that for GRULAC (Group of Latin American and Caribbean Countries), the issue is not just about copyright but about challenging the dominance of large, foreign-based platforms that exploit local content with little to no payment to creators. The discussion also encompasses cultural sovereignty, such as protecting the dubbing industry from AI-generated voices, and safeguarding the traditional knowledge of Indigenous communities from misappropriation. Ido highlights Brazil’s draft AI Bill, which proposes an inverse of the EU’s system: a mandatory remuneration right that includes a reciprocity clause and ties the payment amount to the size of the AI company, directly targeting the market power of major corporations. This approach frames remuneration as a strategic element in a broader agenda of economic justice and cultural preservation in the Global South.

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Italy updates its copyright law to address AI

On September 18, 2025, the Italian Senate definitively approved the country’s first comprehensive framework law on artificial intelligence (AI). The new law also reflects Italy’s commitment to aligning its domestic legal system with the EU Artificial Intelligence Act (Regulation (EU) 2024/1689), ensuring coherence between national rules and the emerging European regulatory framework. Law no. 132 of September 23, 2025 (Provisions and delegations to the Government regarding artificial intelligence), has been published in the Official Gazette no. 223 of September 25, 2025, and it will enter into force on October 10, 2025. It consists of 6 chapters and 28 articles, not only establishing ethical and regulatory frameworks for AI across various sectors but also bringing several changes to the field of copyright law. In particular, Chapter IV, titled “Provisions for the Protection of Users and Copyright,” modifies Article 1 of Law No. 633/1941 (Italy’s Copyright Act) and introduces a new Article 70-septies, adapting the legal framework to the evolving challenges posed by AI-generated content and data mining. Emphasising human authorship The first major change introduced by Article 25,  a), of the new AI law is a revision to Article 1 of the Italian Copyright Act. The phrase “human” has been explicitly added, clarifying that only works of human creativity are eligible for protection under Italian copyright law. The amended text now reads: This law protects works of human creativity in the fields of literature, music, figurative arts, architecture, theatre, and cinematography, whatever the mode or form of expression, even when created with the assistance of artificial intelligence tools, provided they are the result of the author’s intellectual effort. This addition is not merely semantic. It codifies a crucial principle: while AI can be a tool in the creative process, copyright protection remains reserved for human-generated intellectual effort. This positions Italian law in alignment with the broader international trend, seen in the EU, U.S., and UK, of rejecting full legal authorship rights for non-human agents such as AI systems. In practice, this means that works solely generated by AI without significant human input will likely fall outside the scope of copyright protection. Regulating text and data mining for AI The second key innovation is provided by Article 25,  b), of the new AI law, which introduces Article 70-septies in the Italian Copyright Act, providing clarity on the legality of text and data mining (TDM) activities used in the training of AI models. The provision states: 1. Without prejudice to the provisions of the Berne Convention for the Protection of Literary and Artistic Works, reproductions and extractions from works or other materials available online or in databases to which one has lawful access, for the purposes of text and data mining by AI systems, including generative AI, are permitted in accordance with Articles 70-ter and 70-quater. This provision essentially reaffirms that text and data mining (TDM) is permitted under certain conditions, namely where access to the source materials is lawful and the activity complies with the existing TDM exceptions under EU copyright law, as already implemented in Articles 70-ter and 70-quater of the Italian Copyright Act. It mirrors the spirit of the EU Directive 2019/790 on Copyright in the Digital Single Market, which created specific exceptions for TDM, notably distinguishing between scientific and general uses. By formally reiterating the TDM exceptions for the use of AI, Italy seeks to balance the promotion of AI development with the protection of content creators’ rights. However, challenges remain regarding the definition of ‘lawful access’ and the ability of rightsholders to effectively exercise their opt-out rights in relation to TDM activities. Conclusion The recent amendments to Italy’s Copyright Act mark an important step toward harmonising traditional legal frameworks with the realities of emerging technologies, such as AI. By emphasising human authorship and providing clearer legal pathways for text and data mining, the new provisions aim to foster both innovation and respect for intellectual property. The law shall enter into force on the fifteenth day following its publication in the Official Gazette of the Italian Republic. This article was reposted from the original at https://communia-association.org/2025/10/01/italy-updates-its-copyright-law-to-address-ai/

Blog, Centre News, Traditional Knowledge

A Paradigm Shift with an Uncertain Future: Prof Wend Wendland on the WIPO Treaty on Genetic Resources and Associated Traditional Knowledge

On 25 September 2025, Professor Wend Wendland, delivered the 14th Peter Jaszi Distinguished Lecture at American University in Washington D.C.. The event was hosted by the Program on Information Justice and Intellectual Property. For over 25 years at WIPO, Prof. Wendland played a critical role in the area of traditional knowledge, including as the Director of the Traditional Knowledge Division and Secretary of the Intergovernmental Committee (IGC). His lecture, titled “Beyond Adoption: Why it Matters and What’s Next for the WIPO Treaty on IP, Genetic Resources and Associated Traditional Knowledge?”, celebrated the recent adoption of this landmark agreement. In his lecture, Professor Wendland described the Treaty as a ‘historic’ event and a ‘paradigm shift’ in intellectual property. He highlighted that it is the first international IP treaty championed by developing countries and Indigenous Peoples, making them policy-makers rather than policy-takers. The Treaty’s core feature is a new mandatory requirement for patent applicants to disclose the origin of genetic resources and associated traditional knowledge. This aims to combat biopiracy and reconcile innovation with biodiversity conservation and equitable benefit-sharing. This transparency is expected to improve the patent system’s quality and efficacy, while also contributing to environmental, economic, and social justice by acknowledging the role of Indigenous Peoples as stewards of biodiversity. Despite his enthusiasm, Wendland acknowledged the Treaty’s limitations, noting that it does not create new rights in traditional knowledge, and does not directly ensure compensation for provider countries and Indigenous Peoples. It represents what could be agreed upon by consensus after a 25-year struggle, demonstrating strategic pragmatism. The adoption itself is significant, marking a step forward in the evolution of the IP system and providing a platform for a more inclusive conversation about the future of IP. However, Wendland cautioned that the treaty’s adoption alone is not enough; its true significance will depend on its practical implementation and effectiveness. Finally, Wendland discussed the path forward, stressing the immediate need for the Treaty to come into force, which requires ratification by 15 countries. He expressed concern that this process might be slower than hoped, with some major countries like the USA, Japan, and the Republic of Korea opposing the treaty, and others like India and China not yet signing it. Potential hurdles for ratification include political reluctance to recognise Indigenous Peoples, conflicts with existing national laws, and pressure from trading partners. Wendland concluded by urging policymakers, patent offices, and the international community to work towards bringing the Treaty to life, ensuring its paradigm-shifting potential is realised in practice. Watch the full presentation here.

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25 Sept 2025: Beyond Adoption: Why it Matters and What is Next for Intellectual Property, Genetic Resources and Traditional Knowledge

On 25 September, former Director of the Traditional Knowledge Division at the World Intellectual Property Organization Wend Wendland will deliver a lecture on the landmark World Intellectual Property Organization (WIPO) Treaty on Intellectual Property, Genetic Resources and Traditional Knowledge, which was adopted in May 2024. He will address the treaty’s significance in policy making and knowledge governance. The talk is part of the Peter A. Jaszi Distinguished Lecture on Intellectual Property series, hosted by the Program on Information Justice and Intellectual Property at American University (PIJIP). The reception after the event will feature an announcement of the newly launched Geneva Centre on Knowledge Governance (see below, in PDF).

Artificial Intelligence, Blog, Latin America / GRULAC

INTELIGENCIA ARTIFICIAL, DERECHOS DE AUTOR Y EL FUTURO DE LA CREATIVIDAD: APUNTES DE LA FERIA INTERNACIONAL DEL LIBRO DE PANAMÁ

Por Andrés Izquierdo Durante la segunda semana de agosto, fui invitado a hablar en la Feria Internacional del Libro de Panamá, un evento organizado por la la Oficina del Derecho de Autor de Panamá, el Ministerio de Cultura y la Asociación Panameña de Editores con apoyo de la Organización Mundial de la Propiedad Intelectual (OMPI). Mi presentación se centró en la cada vez más compleja intersección entre las leyes de derechos de autor y la inteligencia artificial (IA), un tema ahora en el centro del debate legal, cultural y económico mundial. Esta publicación resume los argumentos principales de esa presentación, basándose en litigios recientes, investigaciones académicas y desarrollos de políticas, incluyendo el informe de mayo de 2025 de la Oficina de Derechos de Autor de EE. UU. sobre IA generativa. ¿Cómo deberían responder las leyes de derechos de autor al uso generalizado de obras protegidas en el entrenamiento de sistemas de IA generativa? El análisis sugiere que hay debates emergentes en varias áreas clave: los límites del uso justo y las excepciones, la necesidad de derechos de remuneración aplicables, y el papel de la concesión de licencias y la supervisión regulatoria. El artículo se desarrolla en cinco partes: comienza con una visión general del contexto legal y tecnológico en torno al entrenamiento de IA; luego revisa propuestas académicas para recalibrar los marcos de derechos de autor; examina decisiones judiciales recientes que ponen a prueba los límites de la doctrina actual; resume el informe de 2025 de la Oficina de Derechos de Autor de EE. UU. como respuesta institucional; y concluye con cuatro consideraciones de política para la regulación futura. UN ESCENARIO LEGAL Y TECNOLÓGICO EN TRANSFORMACIÓNLa integración de la IA generativa en los ecosistemas creativos e informativos ha expuesto tensiones fundamentales en la ley de derechos de autor. Los sistemas actuales ingieren rutinariamente grandes volúmenes de obras protegidas —como libros, música, imágenes y periodismo— para entrenar modelos de IA. Esta práctica ha dado lugar a preguntas legales no resueltas: ¿Puede la ley de derechos de autor regular de manera significativa el uso de datos de entrenamiento? ¿Se extienden las doctrinas y disposiciones legales existentes—como el uso justo, o excepciones y limitaciones—a estas prácticas? ¿Qué remedios, si los hay, están disponibles para los titulares de derechos cuyas obras se utilizan sin consentimiento? Estas preguntas siguen abiertas en todas las jurisdicciones. Si bien algunos tribunales y agencias reguladoras han comenzado a responder, una parte sustancial del debate está siendo moldeada ahora por la investigación académica  jurídica y por los litigios, cada uno proponiendo marcos para conciliar el desarrollo de la IA con los compromisos normativos del derecho de autor. Las siguientes secciones examinan este panorama evolutivo, comenzando con propuestas académicas recientes. PERSPECTIVAS ACADÉMICAS: HACIA UN EQUILIBRIO RENOVADOAl revisar la literatura académica, han emergido varios temas claros. Primero, algunos autores concuerdan en que deben fortalecerse los derechos de remuneración para los autores. Geiger, Scalzini y Bossi sostienen que, para garantizar verdaderamente una compensación justa para los creadores en la era digital, especialmente a la luz de la IA generativa, la ley de derechos de autor de la Unión Europea debe ir más allá de las débiles protecciones contractuales y, en su lugar, implementar derechos de remuneración robustos e inalienables que garanticen ingresos directos y equitativos a autores e intérpretes como cuestión de derechos fundamentales. Segundo, varios académicos subrayan que la opacidad técnica de la IA generativa exige nuevos enfoques de remuneración para los autores. Cooper argumenta que, a medida que los sistemas de IA evolucionen, será casi imposible determinar si una obra fue generada por IA o si una obra protegida específica se utilizó en el entrenamiento. Advierte que esta pérdida de trazabilidad hace que los modelos de compensación basados en atribución sean inviables. En cambio, aboga por marcos alternativos para garantizar que los creadores reciban una compensación justa en una era de autoría algorítmica. Tercero, académicos como Pasquale y Sun sostienen que los responsables de formular políticas deberían adoptar un sistema dual de consentimiento y compensación: otorgar a los creadores el derecho a excluirse del entrenamiento de IA y establecer un gravamen sobre los proveedores de IA para asegurar el pago justo a aquellos cuyas obras se utilizan sin licencia. Gervais, por su parte, defiende que los creadores deberían recibir un nuevo derecho de remuneración, asignable, por el uso comercial de sistemas de IA generativa entrenados con sus obras protegidas por derechos de autor; este derecho complementaría, pero no reemplazaría, los derechos existentes relacionados con reproducción y adaptación. También hay un consenso creciente sobre la necesidad de modernizar las limitaciones y excepciones, en particular para educación e investigación. Flynn et al. muestran que una mayoría de los países del mundo no tienen excepciones que permitan la investigación y enseñanza modernas, como el uso académico de plataformas de enseñanza en línea. Y en Science, varios autores proponen armonizar las excepciones de derechos de autor internacionales y domésticas para autorizar explícitamente la minería de texto y datos (TDM) para investigación, permitiendo el acceso lícito y transfronterizo a materiales protegidos sin requerir licencias previas. En la OMPI, el Comité Permanente sobre Derecho de Autor y Derechos Conexos (SCCR) ha tomado medidas en este ámbito aprobando un programa de trabajo sobre limitaciones y excepciones, actualmente en discusión para el próximo SCCR 47. Y en el Comité de Desarrollo y Propiedad Intelectual (CDIP), está aprobado un Proyecto Piloto sobre TDM para Apoyar la Investigación e Innovación en Universidades y Otras Instituciones Orientadas a la Investigación en África – Propuesta del Grupo Africano (CDIP/30/9 REV). Mi propio trabajo, al igual que el de Díaz & Martínez, ha enfatizado la urgencia de actualizar las excepciones educativas latinoamericanas para dar cuenta de usos digitales y transfronterizos. Eleonora Rosati sostiene que el entrenamiento con IA no licenciada queda fuera de las excepciones de derechos de autor existentes en la UE y el Reino Unido, incluidas el Artículo 3 (TDM para investigación científica) de la Directiva DSM, el Artículo 4 (TDM general con exclusiones) y el Artículo 5(3)(a) de la Directiva InfoSoc (uso para enseñanza o investigación

Artificial Intelligence, Blog, Latin America / GRULAC

AI, Copyright, and the Future of Creativity: Notes from the Panama International Book Fair

AI, Copyright, and the Future of Creativity: Notes from the Panama International Book FairDuring the second week of August, I was invited to speak at the Panama International Book Fair, an event hosted by the World Intellectual Property Organization (WIPO), the Panama Copyright Office, the Ministry of Culture, and the Panama Publishers Association. My presentation focused on the increasingly complex intersection between copyright law and artificial intelligence (AI)—a topic now at the center of global legal, cultural, and economic debate. This post summarizes the core arguments of that presentation, drawing on recent litigation, academic research, and policy developments, including the U.S. Copyright Office’s May 2025 report on generative AI. How should copyright law respond to the widespread use of protected works in the training of generative AI systems? The analysis suggests there are emerging discussions around several key areas: the limits of fair use and exceptions, the need for enforceable remuneration rights, and the role of licensing and regulatory oversight. The article proceeds in five parts: it begins with an overview of the legal and technological context surrounding AI training; it then reviews academic proposals for recalibrating copyright frameworks; it examines recent court decisions that test the boundaries of current doctrine; it summarizes the U.S. Copyright Office’s 2025 report as an institutional response; and it concludes by outlining four policy considerations for future regulation. A Shifting Legal and Technological LandscapeThe integration of generative AI into creative and informational ecosystems has exposed foundational tensions in copyright law. Current systems routinely ingest large volumes of copyrighted works—such as books, music, images, and journalism—to train AI models. This practice has given rise to unresolved legal questions: Can copyright law meaningfully regulate the use of training data? Do existing doctrines and legal provisions—fair use, or exceptions and limitations—extend to these practices? What remedies, if any, are available to rightsholders whose works are used without consent? These questions remain open across jurisdictions. While some courts and regulatory agencies have begun to respond, a substantial part of the debate is now being shaped by legal scholarship and litigation, each proposing frameworks to reconcile AI development with copyright’s normative commitments. The following sections examine this evolving landscape, beginning with recent academic proposals. Academic Perspectives: Towards a New Equilibrium In reviewing the literature, several clear themes have emerged. First, some authors agree that remuneration rights for authors must be strengthened. Geiger, Scalzini, and Bossi argue that to truly ensure fair compensation for creators in the digital age, especially in light of generative AI, EU copyright law must move beyond weak contractual protections and instead implement strong, unwaivable remuneration rights that guarantee direct and equitable revenue flows to authors and performers as a matter of fundamental rights. Second, some scholars highlight that the technical opacity of generative AI demands new approaches to author remuneration. Cooper argues that as AI systems evolve, it will become nearly impossible to determine whether a work was AI-generated or whether a particular copyrighted work was used in training. He warns that this loss of traceability renders attribution-based compensation models unworkable. Instead, he calls for alternative frameworksto ensure creators are fairly compensated in an age of algorithmic authorship. Third, scholars like Pasquale and Sun argue that policymakers should adopt a dual system of consent and compensation—giving creators the right to opt out of AI training and establishing a levy on AI providers to ensure fair payment to those whose works are used without a license. Gervais, meanwhile, argues that creators should be granted a new, assignable right of remuneration for the commercial use of generative AI systems trained on their copyrighted works—complementing, but not replacing, existing rights related to reproduction and adaptation. There is also a growing consensus on the need to modernize limitations and exceptions, particularly for education and research. Flynn et al. show that a majority of the countries in the world do not have exceptions that enable modern research and teaching, such as academic uses of online teaching platforms. And in Science, several authors propose harmonizing international and domestic copyright exceptions to explicitly authorize text and data mining (TDM) for research, enabling lawful, cross-border access to copyrighted materials without requiring prior licensing.  At WIPO, the Standing Committee on Copyright and Related Rights (SCCR) has been taking steps in this area by approving a work program on L&E´s, under current discussions for the upcoming SCCR 47. And in the Committee on Development and Intellectual Property (CDIP), there is a Pilot Project approved on TDM to Support Research and Innovation in Universities and Other Research-Oriented Institutions in Africa – Proposal by the African Group (CDIP/30/9 REV). My own work, as well as that of Díaz & Martínez, has emphasized the urgency of updating Latin American educational exceptions to account for digital and cross-border uses.  Eleonora Rosati argues that unlicensed AI training falls outside existing EU and UK copyright exceptions, including Article 3 of the DSM Directive (TDM for scientific research), Article 4 (general TDM with opt-outs), and Article 5(3)(a) of the InfoSoc Directive (use for teaching or scientific research). She finds that exceptions for research, education, or fair use-style defenses do not apply to the full scope of AI training activities. As a result, she concludes that a licensing framework is legally necessary and ultimately unavoidable, even when training is carried out for non-commercial or educational purposes. Finally, policy experts like James Love warn that “one-size-fits-all” regulation risks sidelining the medical and research breakthroughs promised by artificial intelligence. The danger lies in treating all training data as equivalent—conflating pop songs with protein sequences, or movie scripts with clinical trial data. Legislation that imposes blanket consent or licensing obligations, without distinguishing between commercial entertainment and publicly funded scientific knowledge, risks chilling socially valuable uses of AI. Intellectual property law for AI must be smartly differentiated, not simplistically uniform. Litigation as a Site of Doctrinal Testing U.S. courts have become a key venue for testing the boundaries of copyright in the age of artificial intelligence. In the past two years, a growing number of cases

Blog

An Open Letter to the ICANN Community: Not the Community Priority Evaluation We Intended

This post was originally published on CircleID by Kathy Kleiman To the ICANN Community, Today, I share a warning about serious changes to the Community Priority Evaluation (CPE) of the New gTLD Applicant Guidebook. They are not driven by public comment, but by a few voices within the SubPro Implementation Review Team—and they are very likely to lead to disastrous misappropriation of well-known community names, including those of Tribes, Indigenous Peoples and NGOs around the world. The reason why is that we (the ICANN Community) envisioned.CHEROKEE for the Cherokee Nation and other tribes, peoples and NGOs, not a group that loves their Grand Cherokee and Jeep Cherokee cars and jeeps. But the policy written by the SubPro PDP Working Group (2016-2020) and accepted by the GNSO Council and ICANN Board recently was deeply changed—and replaced with a scoring system that eliminates the ability of well-known communities to stop unrelated groups, or a fraction of their community, or a group completely opposed to them from using the same name as a new gTLD, provided the applicant has some semblance of internal organization and activity. This change will result in the misappropriation of well-known community names and great harm that we never intended when we wrote the policy. The Subsequent Procedures PDP Working Group (meeting 2016-2020) was fairly balanced in its recommendations for both the applicant and communities that might oppose the CPE application. I share some of the language showing the independence of the Community Experts on the CPE panel to research and other communities and tribes to send comments and letters of opposition and raise concerns—all to be taken into account in the CPE evaluation. Final Report, 2020. Unfortunately and very recently, a few members of the SubPro Implementation Review Team (“IRT”), a group charged with implementing policy, not rewriting it, made change after change to the language, terms and scoring of the Community Priority Evaluation (“CPE”) rules. In April, they stripped out carefully negotiated policies and balances to create an unfair advance for applicants—including by new rules telling the CPE Panelists to greatly limit the use their expertise and independent research skills and not to weigh heavily external opposition and comments they may receive. The changes are buried in Module 4: Contention Set Resolution, 4.4 Community Priority Evaluation, pages 133-150, of the final draft of the Applicant Guidebook now out for public comment. If you look at the new CPE scoring system—called Community Priority Evaluation Criteria (Section 4.4.7, p.139 in draft AGB)—in the edited versions (“redlines” that I share from the IRT on April 14, 2025, and April 30, 2025, and a special redline combining both sets of edits that I created), you will see the hands of the CPE Panelists are newly “tied” and they cannot engage in the research and application of their knowledge that the adopted policy requires. Sadly, under the new changes: And these are just a few examples. Under this new language—newly shared with the community and not arising from public comment—self-identified communities will win CPE. What a prize for the applicant (no auction) and what a tragedy for the peoples, tribes and NGOs of the same name and for far longer than the applicant! Overall, if these rules are adopted, we can predict that letters and comments of heartfelt opposition against CPE applicants will pour into ICANN, only to be systematically ignored by the Panel because of these recent changes to scoring and evaluation criteria. As shared above, this April editing came not from accepted policy, but from a few strong voices on the SubPro IRT. I fear disastrous misappropriation of the well-known names of peoples, tribes and communities if recent changes to CEP text and scoring are not reversed, and the original language is not restored. If you agree, I ask you to write a small set of comments—and share you how to do it below—as it will make a different. Thank you for reading and caring, Kathy Kleiman, Co-Founder ICANN’s Noncommercial Users Constituency To Submit a Comment in ICANN’s Open Proceeding on the Final Draft of the Applicant Guidebook, due July 23rd. Thank you! Footnotes

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Ethical Data Scraping for Research – Expert Workshop held in Amsterdam

A unique, expert-led workshop on ethical data scraping was organized by Professor Niva Elkin-Koren and Dr. Maayan Perel and hosted by the Shamgar Center of Digital Law and Innovation, Tel Aviv University. The workshop was made possible by the generous support of the Right to Research in International Copyright Law coalition at the American University, especially Professor Sean Flynn, the Director of the Program on Information Justice and Intellectual Property (PIJIP). An interdisciplinary group of information law experts gathered in Amsterdam’s beautiful Volks hotel on July 2, 2025, to discuss data scraping for research and innovation and its ethical boundaries. The event aligned with the agenda of the Standing Committee on Copyright and Related Rights (SCCR), which promotes public interest strategies, coordinated action, and research, and seeks to inform public policy on legal exceptions and limitations for researchers. Data scraping is an essential research tool for academics and scientists across a wide range of disciplines. It is also critical for training artificial intelligence (AI) models and developing innovative research methodologies. The legal boundaries of data scraping attract considerable attention, not only from academics but also from policymakers, governments, courts, technology companies, and data providers worldwide. The boundaries of ethical data scraping— often dependent on the type of data being scraped, the technologies being used, the purpose of scraping, and the applicable legal framework—remain unclear. Consequently, researchers are left to navigate the potential legal risks and changing technological barriers set by tech giants, such as Cloudflare (recently adopting a permission-based approach to data scraping). As a result, researchers may be deterred from engaging in lawful data scraping, at the cost of not engaging in research that can serve the public interest. Moderated by Dr. Maayan Perel and Professor Eldar Haber, the workshop aimed to bring greater clarity to what ethical data scraping is and should be. The workshop applied practical and technical insights from real-world data scraping, analyzed the legal implications of various transatlantic approaches, and proposed guidelines for promoting ethical data scraping for research and development. To obtain a better understanding of how data scraping models work in practice, participants explored a test case model from Bright Data, an international data scraping company, whose model was also discussed in recent litigation with X and Meta. In a stimulating presentation, Bright Data representatives described their publicly available data scraping technology, elaborated on their ethical policies, and presented their “data for good” initiative, which offers scraping opportunities for researchers as well as other stakeholders. To encourage a productive dialogue between academic and business participants, the discussion followed a “red teaming” approach. Red teaming, a concept we adapted from the cybersecurity realm, essentially aims to help organizations proactively identify weaknesses and strengthen their security posture before actual attacks occur. Applying red-teaming’s critical approach, the participants identified potential legal challenges in Bright Data’s data test case model from various perspectives, including intellectual property law, competition law, privacy law, and data protection law, while also identifying points of legal tension between the US and the EU frameworks. The issues highlighted included the legal application of copyright law to information copying and storage; questions of competition law arising from the dominant market actors’ ability to adjust behavior and match prices; and the scope of privacy protection in personal information that data providers voluntarily make publicly accessible.   Next, insights from Bright Data’s test case were used to draw broader observations about what constitutes ethical data scraping in practice, especially for AI training. Key issues included: The workshop concluded with a broader discussion of potential legal, technical, and institutional strategies to promote ethical data scraping for academic research and technological development. Participants identified the need to distinguish between questions of access to data and questions of the use of the data, as each raises different legal issues. Key suggestions included: Participants: Tanya Aplin, Mor Avisar, Balazs Bodo, Sharon Bar Ziv, Sean Flynn, Eldar Haber, Uri Hacohen, Bernt Hugenholtz, Aline Iramina, Matthias Leistner, Dana Mazia, Maayan Perel, Mando Rachovista, Pamela Samuelson, Martin Senftleben, Ben Sobel, Streffan Verhultz, Amit Zac

Blog, Trade Agreements & IP

Balanced Copyright Protection in the UK-India CETA

            The full text of the Intellectual Property Chapter of the United Kingdom-India Comprehensive Economic and Trade Agreement, signed on July 24, 2025, is now available for review. Overall, it is much more favorable to balanced copyright protection and user rights than previously released drafts and summaries.             The provision for copyright exceptions is the same limited language that first appeared in the UK’s proposed text for the IP chapter leaked in 2022. Article 13.68 Limitations and Exceptions 1. A Party may provide limitations or exceptions in its law to the rights provided for in this Section, but shall confine those limitations or exceptions to certain special cases that do not conflict with a normal exploitation of covered subject matter, and do not unreasonably prejudice the legitimate interests of the right holder. 2. This Article is without prejudice to the scope of applicability of the limitations and exceptions to any rights permitted by the TRIPS Agreement and WIPO administered treaties to which a Party is party.             However, the Chapter contains other important language that promotes balance. Thus, Article 13.2(a), setting forth the Objectives of the Chapter, states: the objectives of this Chapter are … that the protection and enforcement of intellectual property rights should contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations….  (Emphasis supplied.)             The Chapter then sets forth Principles the Parties may follow in formulating amending their laws. First, the Article 13.3(1) provides that a Party may adopt measures necessary “to promote the public interest in sectors of vital importance to its socio-economic and technological development….” Presumably these sectors would include cultural heritage, research, and education.             Second, Article 13.3(2) incorporates language similar to TRIPs Article 40 that appropriate measures may be needed to prevent the abuse of intellectual property rights by right holders or the resort to practices which unreasonably restrain trade or adversely affect the international transfer of technology.             Next, Article 13.4 recites a list of Understandings in respect of the Chapter: [T]he Parties recognise the need to: (a) promote innovation and creativity; (b) facilitate the diffusion of information, knowledge, technology, content, culture and the arts; (c) foster competition and open and efficient markets; (d) maintain an appropriate balance between the rights of intellectual property right holders and the legitimate interests of users and the public interest; (e) establish and maintain transparent intellectual property systems; and (f) promote and maintain adequate and effective protection and enforcement of intellectual property rights to provide confidence to right holders and users, through their respective intellectual property systems, while respecting the principles of transparency and due process, and taking into account the interests of relevant stakeholders, including right holders, service providers, users, and the general public. (Emphasis supplied.) The parties reached these Understandings “having regard to the underlying public policy objectives of their national systems, while recognizing the different levels of economic development and capacity and differences in national legal systems….”             As noted above, the Agreement does not contain detailed obligations concerning copyright exceptions. Nonetheless, Article 13.71 requiring each Party to provide adequate legal protection against unauthorized circumvention of effective technological measures does permit the Parties to take appropriate measures to ensure that beneficiaries may enjoy exceptions and limitations provided for them. Similarly, Article 13.103 requires each Party to maintain a system to limit the liability of Online Service Providers for infringements of copyright committed by users of their services.             Moreover, the language concerning Objectives, Principles, and Understandings provide both the UK and India with sufficient flexibility to adopt robust exceptions that effectively balance the interests of all stakeholders.

Blog, WIPO-SCCR

Excerpts from Delegation Statements on the SCCR at the 2025 General Assembly

In a previous blog post, we analyzed the statements of regional groups and delegations during the 2025 WIPO General Assembly review of the Standing Committee on Copyright and Related Rights (SCCR). Here we share fuller excerpts of those statements, which may be useful to researchers and others closely following the Committee’s work.  Pakistan – APG “We reaffirm our support for the conclusion of a fair and inclusive broadcasting treaty. The group recognizes the need to narrow gaps and build consensus in line with the mandate of the Committee. We urge continued constructive engagement by all Delegations during upcoming SCCR sessions without prejudging whether the Committee is in a position to recommend the convening of a Diplomatic Conference.  The group reiterates its longstanding support for meaningful work on limitations and exceptions, particularly for libraries, archives, museums, educational and research institutions and persons with other disabilities. Ensuring the preservation of an access to knowledge remains a key priority for this group. The APG is of the view that the limitations and exceptions agenda is essential to enabling inclusive access to knowledge, education and culture, especially in developing countries. We welcome the consensus within the Committee to continue discussions on this important item and support endeavors to advance the implementation of the work program.  We reiterate the increasing relevance of discussions on copyright in the digital environment, especially the evolving implications of generative artificial intelligence on copyright. The group supports the continuation of information sessions and discussions in this regard. The APG also notes the interest expressed to discuss other topics at SCCR. While we remain open to dialogue, there is a need to ensure that the Committee’s workload is balanced and aligned with the needs of all Member States.” Japan – Group B “Group B would like to emphasize the importance of working towards progress in the discussions on the draft Treaty on the protection of broadcasting organizations with a view to addressing the legal use of program carrying signals. In order to achieve a meaningful agreement within this Committee, sufficient time should continue to be allocated to this standing agenda item.  For the Agenda Item limitations and exceptions, it would be reiterated that the work under this Committee should follow the scope and parameters as identified in the work program adopted at SCCR 43. We are committed to engaging in further constructive discussions on this issue. Finally, Group B welcomes the informative exchanges held during the information session on generative AI as it relates to copyright. Given the rapidly evolving AI technology landscape, we consider balanced discussions among Member States and stakeholders covering both opportunities and challenges to be highly valuable. Accordingly, we look forward to the follow-up session at SCCR 47.” China  “This Delegation supports the SCCR in continuing discussing protection of broadcasting organizations, limitations and exceptions, and as well as other agenda items. [We support] reaching an agreement on substantive issues in terms of protection of broadcasting organizations to lay a foundation for the convening of a Diplomatic Conference. Relevant study should be carried out in depth to promote discussions on exceptions and limitations. On other agenda items, in particular Copyright in the digital environment including generative AI in relation to copyright, this Delegation will enhance communication with WIPO and other related parties.” Estonia – CEBS  “We would like to reiterate our firm commitment to advancing towards the conclusion of a meaningful Treaty for the Protection of Broadcasting organizations. We support a Treaty that adequately reflects the technological realities of the 21st century and ensures appropriate and effective protection against signal piracy. The CEBS group has long supported the convening of a Diplomatic Conference and considers that we are now approaching a point of readiness for final negotiations. We remain committed to a future-oriented Treaty that meets the current needs of broadcasting organizations and accommodates the challenges posed by the digital environment and rapid technological developments. The CEBS group looks forward to considering the Chair’s revised text at the upcoming SCCR session. We hope this will pave the way for a robust and balanced legal instrument that also provides equal protection for transmissions over computer networks and supports the global fight against signal piracy. With regard to the Committee’s work on limitations and exceptions, the CEBS group continues to recognize the vital role played by libraries, archives and museums in the dissemination of knowledge, information and culture as well as in the preservation of our shared history. We also attach high importance to the work of educational and research institutions and to ensuring access to copyright protected works for persons with disabilities. As we have consistently stated, our group does not support pursuing an internationally legally binding instrument in this area. Instead we are open to exploring possible nonbinding instruments and best practice tools that can help Member States implement effective and context sensitive exceptions and limitations at the national level. We look forward to reviewing the document to be prepared by the Chair and Vice Chair and to continuing our constructive engagement in the discussions at the upcoming SCCR session. The CEBS group welcomes the continued exchange of information on the intersection of copyright and artificial intelligence. We appreciated the information session on generative AI held at the last session which provided valuable insights into the challenges and opportunities that AI poses to the copyright system. We are pleased that the follow-up information session will take place at SCCR 47.  With regard to other matters on the Committee’s agenda, the CEBS group would like to reiterate its view that should the SCCR agenda be expanded to include additional items in the future, the authors’ resale right would be a valuable and relevant topic to be considered as a standing item. We are also carefully analyzing the proposals put forward under the agenda item copyright in the digital environment and remain committed to engaging constructively in these discussions.”  Ecuador – GRULAC  “GRULAC reiterates the importance of the work of this Committee regarding work in trying to reach a

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