The Great Flip: Can Opt-Outs be a Permitted Exception? Part II

Lokesh Vyas and Yogesh Badwal This post was originally published on Spicy IP. In the previous part, we examined whether the opt-out mechanism, as claimed in Gen-AI litigations, constitutes a prohibited formality for the “enjoyment and exercise” of authors’ rights under Article 5(2) of the Berne Convention. And we argued no. In this post, we address the second question: Can […]