Published on: 03 July 2025
Published by a LexisNexis EU Law expert
Europe is approaching a watershed in the evolving relationship between artificial intelligence and copyright law. For the first time, the Court of Justice has been invited to determine how copyright norms apply to generative AI systems, an essential move for steering innovation and safeguarding content across Europe, marking a crucial test case for Europe.
The applicant, Like Company, is a Hungarian press publisher overseeing multiple online news sites that host protected works.
It alleges that Google’s chatbot, Gemini (formerly Bard), powered by large language models (LLMs), reproduces and condenses large parts of its articles without prior authorisation.
According to Like Company, Gemini produced replies mirroring notable segments of its originals, thereby violating its exclusive rights.
On 3 April 2025, the Budapest Környéki Törvényszék (Budapest District Court) referred Like Company v Google Ireland (Case C-250/25) to the Court of Justice, posing the first preliminary questions on generative AI and copyright.
At the heart of the reference is whether training and running a large language model (LLM), and the outputs it produces, amount to acts of reproduction or communication to the public under EU copyright law...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
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