BURA Collection: ^ Moving to College of Arts, Law and Social Sciences^ Moving to College of Arts, Law and Social Scienceshttps://bura.brunel.ac.uk/handle/2438/130322026-08-22T01:01:15Z2026-08-22T01:01:15ZGen-AI and Trade Marks: Ascertaining Liability from a UK and EU PerspectiveFhima, IlanahKrokida, ZoiLapatoura, Ioannahttps://bura.brunel.ac.uk/handle/2438/335982026-08-09T11:11:21Z2026-01-01T00:00:00ZTitle: Gen-AI and Trade Marks: Ascertaining Liability from a UK and EU Perspective
Authors: Fhima, Ilanah; Krokida, Zoi; Lapatoura, Ioanna
Editors: Bonadio, Enrico; Lucchi, Nicola; Alonso, Eduardo
Abstract: Over recent years, generative AI (gen-AI) technology has infiltrated society, from AI text generators being viewed as the evolution of search engines to the ever-increasing AI generation of image and media content by online users. Yet the latter often contains signs that are identical or similar to signs protected as trade marks. This Chapter addresses questions concerning the potential liability arising from this new blended form of user generated content (UGC) within AI systems, both at the training and output stages of AI generation, from the EU and UK perspective. The chapter contributes new knowledge on AI user and AI provider liability through the lens of three legislative regimes: first, through trade mark law, drawing upon the UK Trade Marks Act 1994 and the Trade Mark Directive 2015/2436; second, from the perspective of the E-Commerce Directive 2000/31 and the Digital Services Act 2022/2065, ascertaining potential platform liability for AI providers; and lastly, under the recently enacted EU AI Act 2024/1689 and the ‘inferred obligations’ for respect for intellectual property rights, and in some cases, under the Revised EU Product Liability Directive 2024/2853.
Description: A preprint version of the article is available at SSRN. Available at: https://doi.org/10.2139/ssrn.6883678 (Accessed: 21 July 2026). It has not been certified by peer review.2026-01-01T00:00:00ZSanctioning the Facilitation of Irregular Migration: The Kinsa Light at the End of the Overcriminalisation TunnelXanthopoulou, Ehttps://bura.brunel.ac.uk/handle/2438/327792026-02-06T03:00:16Z2026-01-01T00:00:00ZTitle: Sanctioning the Facilitation of Irregular Migration: The Kinsa Light at the End of the Overcriminalisation Tunnel
Authors: Xanthopoulou, E
Editors: Oberg, J; Bergstrom, M; Herlin-Karnell, E
Abstract: ...2026-01-01T00:00:00ZCopyright Infringement in AI Models: Statutory interpretation, Memorisation and Metaphors in Getty Images and GEMABosher, Hhttps://bura.brunel.ac.uk/handle/2438/325012026-04-23T14:15:49Z2026-04-21T00:00:00ZTitle: Copyright Infringement in AI Models: Statutory interpretation, Memorisation and Metaphors in Getty Images and GEMA
Authors: Bosher, H
Abstract: Artificial intelligence (AI) is the latest technology to confront the boundaries of copyright regulation. Academics, practitioners, industry, rightsholders and policymakers are grappling with the questions of copyright’s applicability to AI globally. Meanwhile over 85 cases have been filed in the US to litigate these questions, with two decisions made in Europe: one in the UK and the other in Germany. This article explores the scope of copyright infringement in the context of artificial intelligence. It provides analysis of the UK case of Getty Images v Stability AI, which found that AI model Stable Diffusion was not committing secondary copyright infringement. It contrasts this outcome with the decision in GEMA v Open AI from the Munich Court in Germany, which found that Chat GPT was infringing the copyright of music rightsholders. The analysis is undertaken through the lens of statutory interpretation and its impact on the case outcomes, as well as the influence of metaphorical devices when fact-finding in copyright litigation and the narratives around technology, in particular the notion of AI ‘memorisation’ which is a pivotal issue in both matters.
Description: Cases cited:
Getty Images (US) Inc v Stability AI Ltd [2025] EWHC 2863 (Ch); [2026] E.C.D.R. 5; [2025] 11 WLUK 27 (Ch D);
Landgericht (Munchen) (42 O 14139/24) unreported 11 November 2025 (Germany).2026-04-21T00:00:00ZEvaluating Taxation Proposals for Outer Space as a CommonsConway, GJelfs, Phttps://bura.brunel.ac.uk/handle/2438/323532025-11-17T03:00:18Z2026-01-01T00:00:00ZTitle: Evaluating Taxation Proposals for Outer Space as a Commons
Authors: Conway, G; Jelfs, P
Abstract: ...
Description: ...2026-01-01T00:00:00Z