The IPKat
OCTOBER 6, 2024
IPKat-approved Laion A few days ago, the District Court of Hamburg delivered what appears to be the first judgment in Europe on the construction and application of the national transpositions of the text and data mining (TDM) exceptions found in Arts. By this provision, Germany had transposed Art. 3 or 4 of the DSM Directive).
Kluwer Copyright Blog
JUNE 21, 2021
Article 17 Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (“DSM Directive”) is currently being implemented into national law in the EU Member States. This has caused extensive debates on the national level comparable to the debate that took place when Art. 17 DSM Directive and Art.
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Kluwer Copyright Blog
JUNE 17, 2021
In a nutshell, a specialist search engine engaging in re-use of substantial parts of the database of a job adverts website was accused of violating sui generis database right. Therefore, the CJEU concludes that these acts fall under art. 33, AG Opinion).
The IPKat
JULY 30, 2023
This Kat is happy to review “ 25 things you should know about artificial intelligence, art and copyright ” by Pablo Fernández Carballo-Calero (Aranzadi, 2023, 160 p.). Part I, “Artificial Intelligence, Art and Copyright”, offers its readers a general overview of how AI affects cultural and creative sectors.
The IPKat
JANUARY 30, 2022
COPYRIGHT Katfriend Moritz Sutterer posted on a new competition tool that the German Competition Authority recently tried out against Google in relation to press publishers' neighbouring right.
Kluwer Copyright Blog
AUGUST 18, 2021
For public sector bodies — producers and holders of vast quantities of data — as well as for the companies that act as suppliers, the sui generis database right has been slowly eroded since 2003. because there is no public access regime that applies, or because third parties own intellectual property rights.
Kluwer Copyright Blog
MAY 16, 2022
The aim of the Data Act’s sui generis clause (art. 35) to reduce the availability of IP rights over some datasets is welcome. The European Copyright Society posted an opinion on selected aspects of the proposed Data Act. However, its drafting is flawed and risks creating even more fragmentation in the laws of Member States.
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