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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.
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 databaseright. The CJEU says that Melons does give “users access, on its own website, to job advertisements contained in [CV-Online Latvia’s] database […].”
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.
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 databaseright has been slowly eroded since 2003. because there is no public access regime that applies, or because third parties own intellectual property rights.
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.
It is interesting to look at this Report against the background of the 2019 EU rules for the liability of platforms like YouTube through the famous Art. A vanishing right? The Sui Generis DatabaseRight and the proposed Data Act by Paul Keller. [T]he 17 DSM Directive 2019/790 (“DSMD”). .
This case relates to the sui generis databaseright and its application to the activity of search engines. This is somewhat surprising, since the Commission itself was remarkably late in issuing its Guidance on art. UKIPO, UK’s future exhaustion of intellectual property rights regime. The AG suggests that art.
On the copyright side, it stresses that some of the sources used to research the sector may be subject to copyright and databaserights and as such it warns against infringement with an important focus on exceptions. Stay tuned!
Against this backdrop, larger issues emerge as regards the power wielded by AI companies in the medium to long term especially in a consolidated market, over social, economic and political aspects of our lives. The EU equivalents are contained in Articles 3 and 4 of Directive 2019/790 on Copyright in the Digital Single Market.
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