3 Count: Schrödinger’s CAT

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1: CAT Can Decide Copyright Issues in Competition Claims, Court Confirms

First off today, Pinsent Masons reports that a recent ruling from the Court of Appeal of England and Wales finds that the country’s Competition Appeal Tribunal (CAT) has the authority to decide copyright issues in competition claims.

The case was brought by JJH Enterprises, better known as ValueLicensing. The company sells second-hand software licenses, including those for Microsoft products. Microsoft alleged that ValueLicensing had infringed its copyright, which prompted ValueLicensing to file the lawsuit, alleging that Microsoft had breached competition law.

The CAT ruled against Microsoft, finding that ValueLicensing had not infringed Microsoft’s copyright and that the tribunal had the jurisdiction to decide copyright issues when necessary. Microsoft appealed both decisions but those appeals have now been dismissed.

2: Mexico Reforms Copyright Law to Protect Against AI, Voice Cloning

Next up today, Santiago Zubikarai at Mexico Business New reports that the Mexican government has introduced a new reform to the nation’s copyright law that would add protection one one’s likeness and voice against unauthorized AI cloning.

Under the proposed amendments, individuals have the right to bar the use of their likeness for commercial purposes without their consent. Though targeted at artists, celebrities and other public figures, the law would also be applicable to anyone else who doesn’t want their likeness or voice to be cloned for commercial purposes.

The proposed changes would also modify the country’s employment law to protect employees from having their likeness or voice cloned by their employers. Part of this is requiring that employers get such agreements in writing and that the lack of an agreement will be interpreted in favor of the employee.

3: ‘Not Up for Grabs’: Albanese Establishes AI Office and Vows to Protect Australian Creatives From Copyright ‘Theft’

Finally today, Josh Butler, Luca Ittimani and Tom McIlroy at The Guardian Australia report that the Australian Prime Minister, Anthony Albanese, has announced the establishment of an AI office and says that the government will protect Australian creatives from copyright “theft” by AI companies.

The move comes as AI companies have been making a push to establish data centers in Australia. However, several of the companies have said that they are withholding investment in the country until they get greater clarity on copyright issues, To that end, the Labor government has sent mixed signals about its stance on these copyright issues, leaving many creatives concerned about the future of their work.

In a speech, Albanese has made it clear that he feels that the work of Australian creators should not be “up for grabs” and that the government will ensure copyright is protected. However, other than the establishment of an AI office, the speech was light on details in terms of what the government will do.

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