Our Researcher:

Dr. Eleonora Rosati

 

 

A member of Glion’s Visiting Faculty, Dr. Eleonora Rosati is also Full Professor of Intellectual Property Law at Stockholm University and Of Counsel at Bird & Bird.

She holds guest/visiting positions at several other institutions, including Universidade Católica Portuguesa, Queen Mary University of London, KDI School of Public Policy and Management, CEIPI-Université de Strasbourg, Trinity College Dublin, EDHEC Business School, and Centre for Intellectual Property and Information Law – University of Cambridge.

Eleonora is Editor of the Journal of Intellectual Property Law & Practice (Oxford University Press), long-standing contributor to and editor of The IPKat, and Co-Founder of Fashion Law London.

The author of several scholarly articles and books on IP issues, including – most recently – Copyright and the Court of Justice of the European Union (Oxford University Press:2023, 2nd edn) and Copyright in the Digital Single Market. Article-by-Article Commentary to the Provisions of Directive 2019/790 (Oxford University Press:2021), Eleonora regularly prepares technical briefings and expert opinions and delivers talks at the request of inter alia international organizations and EU institutions and agencies, as well as national governments and professional bodies and organizations.

She has received multiple accolades and prizes for her work in the IP field and has been featured in prominent media outlets, including inter alia The New York Times, The Guardian, Financial Times, CNN, BBC, and Politico.

No Step-Free Copyright Exceptions: The Role of the Three-step in Defining Permitted Uses of Protected Content (including TDM for AI-Training Purposes)

Published in the European Intellectual Property Review in 2024, ‘No Step-Free Copyright Exceptions: The Role of the Three-step in Defining Permitted Uses of Protected Content (including TDM for AI-Training Purposes)’ is a research article that investigates the room available to train and develop AI tools using third-party copyright content without permission, that is: by relying on copyright exceptions.

The article focuses in particular on the role of the three-step test (3ST) in the legal interpretation of copyright exceptions. The 3ST provides that exceptions must (i) be limited to certain special cases, (ii) not conflict with a normal exploitation of a work and (iii) not unreasonably prejudice the legitimate interests of the concerned rightholder.

The main conclusion is that the 3ST mandates a construction of copyright exceptions that achieves a fair balance of rights and interests. In turn, for a sustainable and fair AI development, the use of third-party copyright works to train AI systems without permission must be tightly defined.