Paulius Jurcys

Paulius Jurcys, Mark Fenwick

This papers explores the question of human authorship when works are created with generative AI tools.

Paulius Jurcys, Toshiyuki Kono

The Internet, and more recently cloud computing, has transformed the technological, economic, social, and cultural conditions under which intellectual property rights are exploited. These developments also challenge traditional rules of private international law, particularly rules governing international jurisdiction. This paper examines when courts should assert jurisdiction over cross-border copyright disputes arising in cloud-based environments. It focuses on the risks faced by right holders and digital intermediaries when allegedly infringing content is stored, transmitted, or accessed across multiple states. The paper first explains how cloud computing changes the exploitation of intellectual property assets and complicates the identification of territorial connecting factors. It then analyzes the main jurisdictional principles applied by courts in common law and civil law systems, with particular attention to subject-matter jurisdiction, personal jurisdiction, and infringement-based jurisdiction. The paper argues that the territorial fragmentation of copyright law sits uneasily with the realities of ubiquitous online infringement. It therefore asks whether existing jurisdictional doctrines remain suitable for cloud-related disputes and whether, in some circumstances, right holders should be permitted to sue before the courts of their home state or center of economic interests. The paper concludes by discussing related work undertaken by a special committee of the International Law Association on intellectual property and private international law.

Paulius Jurcys, Mark Fenwick

This paper examines how the rapid deployment of multi-agentic AI systems is reshaping the foundations of copyright law and creative markets. It argues that existing copyright frameworks are ill-equipped to govern AI agent-mediated interactions that occur at scale, speed, and with limited human oversight. The paper introduces the concept of agentic copyright, a model in which AI agents act on behalf of creators and users to negotiate access, attribution, and compensation for copyrighted works. While multi-agent ecosystems promise efficiency gains and reduced transaction costs, they also generate novel market failures, including miscoordination, conflict, and collusion among autonomous agents. To address these market failures, the paper develops a supervised multi-agent governance framework that integrates legal rules and principles, technical protocols, and institutional oversight. This framework emphasizes ex ante and ex post coordination mechanisms capable of correcting agentic market failures before they crystallize into systemic harm. By embedding normative constraints and monitoring functions into multi-agent architectures, supervised governance aims to align agent behavior with the underlying values of copyright law. The paper concludes that AI should be understood not only as a source of disruption, but also as a governance tool capable of restoring market-based ordering in creative industries. Properly designed, agentic copyright offers a path toward scalable, fair, and legally meaningful copyright markets in the age of AI.