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GLOSSARY
The Copyright Tribunal is a body set up under the Copyright, Designs and Patents Act 1988 to adjudicate over licences.
NEWS
The Data (Use and Access) Bill finished its process in the House of Commons on 7 May 2025. The government refused to accept proposed amendments that would address issues relating to AI and copyright, that would seek to increase protection for creatives whose works may be used to train AI models without their permission. The government stated its work in this area was ongoing pending the results of its consultation on copyright and AI that closed on 25 February 2025, and any amendments seeking to reform the law in this area were premature and would result in piecemeal legislation.
PRACTICE NOTES
This tracker covers litigation in multiple jurisdictions around the world dealing with complaints of copyright infringement arising from the training of artificial intelligence (AI). Many AI systems, particularly generative AI systems, require training on very large datasets of content. To date, the origin of the datasets used by many major AI developers has not been disclosed, but many owners of copyright believe that their works have been collated into them without their knowledge or consent. AI developers have either denied this is the case, or defended the general use of copyright-protected material in AI training and claimed it is outside the scope of the protection conferred by copyright. The AI development and creative industries are consistently coming into conflict with one another. This tracker identifies some of the key cases being brought by rights holders across the world, and also covers attempts to legislate for this growing issue in the UK and the EU. United Kingdom Litigation Parties/Case name Sector Details Getty Images (US) Inc v Stability AI Ltd Judgments to date: [2025] EWHC 3419 (Ch)[2025] EWHC 3343
PRACTICE NOTES
This Practice Note tracks the progress of EU judgments, legislative proposals and current consultations related to copyright and databases. For information about UK judgments, legislative proposals and current UK consultations related to copyright and databases, see Practice Note: Copyright and databases tracker—UK. For archived items on EU judgments, legislative proposals and consultations related to copyright and databases, see Practice Notes: Copyright and databases tracker—EU [Archived] and Copyright, media and digital tracker 2017–2021 [Archived]. Legislation, consultations, guidance and reports For archived legislation, consultations, guidance and reports, see Practice Notes: Copyright and databases tracker—EU [Archived]—Legislation, consultations, guidance and reports and Copyright, media and digital tracker 2017–2021 [Archived]—Copyright—legislation. This Practice Note covers developments in EU law relating to artificial intelligence (AI) to the extent that they have an impact on copyright and databases. To track more general developments in EU law relating to AI, see Practice Note: EU artificial intelligence—key developments tracker. What's happening? When? Find out more European Commission launches call for evidence on EU DSM Copyright Directive 25 June 2026: deadline for responses13 May
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is no longer maintained. It contains closed legislative proposals, published judgments and closed consultations from 2022–24 that are no longer featured in the current Copyright and databases tracker—EU because they are not from the current year. To track the progress of current legislative proposals, relevant judgments, consultations, guidance and reports related to copyright and databases in the EU, see Practice Note: Copyright and databases tracker—EU. For archived developments prior to 2022, see Practice Note: Copyright, media and digital tracker 2017–2021 [Archived]. Legislation, consultations, guidance and reports For current legislation, consultations, guidance and reports, see Practice Note: Copyright and databases tracker—EU—Legislation, consultations, guidance and reports. For archived developments prior to 2022, see Practice Note: Copyright, media and digital tracker 2017–2021 [Archived]. What's happening? When? Find out more The EU’s harmonised rules on artificial intelligence, Regulation (EU) 2024/1689 (the EU AI Act) 1 August 2024: EU AI Act came into force12 July 2024: EU AI Act was published in the Official Journal of the EU19
PRACTICE NOTES
This Practice Note tracks the progress of UK judgments, legislative proposals and current consultations, guidance and reports related to copyright and databases. For information about EU judgments, legislative proposals and current EU consultations, guidance and reports related to copyright and databases, see Practice Note: Copyright and databases tracker—EU. For archived items on copyright and databases, see Practice Notes: Copyright and databases tracker—UK 2022–2024 [Archived] and Copyright, media and digital tracker 2017–2021 [Archived]. Legislation, consultations, guidance and reports For archived legislation, consultations, guidance and reports, see Practice Notes: Copyright and databases tracker—UK 2022–2024 [Archived] and Copyright, media and digital tracker 2017–2021 [Archived]. Assimilated law is the name given to retained EU law (REUL) which remains in force after the end of 2023. The re-categorisation of REUL (and associated terms) to assimilated law reflects a change in its status and treatment under UK law, in that it is generally to be interpreted according to ordinary domestic law and principles. From 1 January 2024, REUL is ‘assimilated’ into domestic law by virtue of the fact that is generally stripped
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is no longer maintained. It contains closed legislative proposals, published judgments and closed consultations from 2022–2024 that are no longer featured in the current Copyright and databases tracker—UK because they are not from the current year. To track the progress of current legislative proposals, relevant judgments, consultations, guidance and reports related to copyright and databases, see Practice Note: Copyright and databases tracker—UK. For archived developments prior to 2022, see Practice Note: Copyright, media and digital tracker 2017–2021 [Archived]. Legislation, consultation, guidance and reports For current legislation, consultation, guidance and reports, see Practice Note: Copyright and databases tracker—UK. For archived legislation, consultation, guidance and reports prior to 2022, see Practice Note: Copyright, media and digital tracker 2017–2021 [Archived]. What's happening? When? Find out more The Design Right, Artist’s Resale Right and Copyright (Amendment) Regulations 2023, SI 2023/1285 1 April 2024: regulations 3 and 4 came into force1 January 2024: the remainder of the regulations came into force28 November 2023: Statutory Instrument
PRACTICE NOTES
Background This Practice Note provides a high-level summary of key themes of comparison between the UK and EU in relation to copyright and rights in databases that have arisen since the UK exited the EU on 31 December 2020 (IP completion day). It also analyses the impact of the Retained EU Law (Revocation and Reform) Act 2023 (REUL(RR)A 2023) on copyright and databases law in the UK. For comparisons of the position in relation to other IP rights between the EU and the UK, see Practice Notes: • Patents and SPCs—UK/EU comparison • Trade marks—UK/EU comparison • Designs—UK/EU comparison IP law is significantly harmonised across the EU. Prior to Brexit, many aspects of UK IP law were harmonised with the EU regime, and certain unitary EU IP rights (such as EU trade marks and EU designs) were applicable and enforceable in the UK. While copyright is not a unitary right under EU law, much of the application of copyright as a national right in Member States has been harmonised by EU legislation and jurisprudence of the
PRACTICE NOTES
Issues to consider This Practice Note is likely to be of use to those advising those in the publishing industry and those who offer news aggregation services dealing with dissemination of online information. It assumes knowledge of, and should be read in conjunction with, the following Practice Notes: • Copyright—subsistence and qualification • Copyright infringement • Linking on the web Copyright allows the copyright owner to stop others from performing certain acts in relation to the copyright work, including copying and communicating the work to the public. Internet-based news aggregation and the hyperlinking of news is big business today, where copyright plays an important role in who may do what with which content. When considering the online dissemination of information, the main issues to consider about that information are: • whether there is copyright protection • whether there is copyright infringement • whether any copyright infringement exceptions apply • the position on consent to reproduce material or in respect of other infringing acts Status of EU copyright law in the UK Copyright
CHECKLISTS
How to use this Checklist This Checklist is designed to highlight issues that commonly arise during the negotiation and drafting of the following types of agreement: • Copyright assignment—pro-assignor • Copyright assignment—pro-assignee For further information on copyright assignment and licensing, see Practice Notes: • Assigning intellectual property rights • Licensing intellectual property rights This Checklist can also, where appropriate, form the basis of a simple non-binding heads of terms. For guidance on how to do this, see Precedent: Heads of terms—commercial contracts. Checklist for proposed copyright assignment Checklist Further information Notes (A) Key commercial considerations ☐ Identify the parties. Confirm each party’s legal status and whether any third parties (such as group affiliates) will benefit from the proposed agreement. ☐ Confirm proposed commencement / effective date. Key definitions ☐ IP rights. Identify the relevant copyright and other relevant IP rights.Consider how the works are to be exploited and whether to limit the assignment to the copyright in specific works or extend it to cover any works which incorporate the relevant IP rights.Confirm whether future copyright
PRECEDENTS
This DEED is made on [insert date] Parties 1 [insert name] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at ][insert address] (Assignor); and 2 [insert name] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at ][insert address] (Assignee) each of the Assignor and the Assignee being a party and together the Assignor and the Assignee are the parties. Background (A) The Assignor is the [author AND/OR exclusive] proprietor of certain rights in the [insert description, eg literary] works. (B) The Assignee is [insert description of the Assignee’s background/background to assignment or relevant transaction]. (C) The Assignor agrees to assign their rights in such works to the Assignee and the Assignee agrees to accept the assignment in accordance with the terms of this Deed. THIS DEED PROVIDES: 1 Definitions and interpretation 1.1 In this Deed: Affiliate • means any entity that directly or indirectly Controls, is controlled by or is under common Control with, another entity; Assigned Rights • means all current, vested, contingent or future rights of copyright and all rights in the nature of copyright, being the exclusive right to do and
PRECEDENTS
This Agreement is dated [insert date] Parties 1 [Insert name] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at ][insert address] (Assignor); and 2 [Insert name] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at ][insert address] (Assignee) (each of the Assignor and the Assignee being a party and together the Assignor and the Assignee are the parties). Background (A) The Assignor is the [author AND/OR exclusive] proprietor of certain rights in the [insert description, eg literary] works. (B) The Assignee is [insert description of the Assignee’s background/background to assignment or relevant transaction]. (C) The Assignor agrees to assign its rights in such works to the Assignee and the Assignee agrees to accept the assignment in accordance with the terms of this Agreement. The parties agree: 1 Definitions and interpretation 1.1 In this Agreement: Affiliate • means any entity that directly or indirectly Controls, is controlled by or is under common Control with, another entity; Assigned Rights • means all current, vested and contingent rights of copyright, being the exclusive right to do and authorise others to do any restricted acts under