Kluwer Copyright Blog

JANUARY 9, 2023

have grappled with how broadly or narrowly to interpret the concept of transformativeness when assessing fair use defenses to charges of copyright infringement… In seeking Supreme Court review, the [Andy Warhol] Foundation argued that the Goldsmith decision was inconsistent with the Court’s teachings in Campbell and Google. .

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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. So effectively, the 2013 directive already curtailed public sector bodies’ copyright and sui generis rights in data.

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Kluwer Copyright Blog

AUGUST 24, 2022

Following the consultation, the UK government has now decided to introduce a new copyright and database right exception which allows TDM for any purpose, i.e. including commercial uses. Articles 3 and 4 then contain two TDM-related mandatory exceptions. Database Dir.: articles 5(a) and 7(1). article 15(1).

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Kluwer Copyright Blog

JANUARY 17, 2024

For these reasons, authors such as Hao-Yun Chen , Peter Slowinski , and Begoña Gonzalez Otero seem to reject the protection of models under copyright law. However, in the EU there is another strong candidate for protecting model weights: the sui generis protection for databases established in Directive 96/9.

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The IPKat

OCTOBER 20, 2022

As it will be elaborated further in what follows, it is also a question of great importance for online copyright, including having regard to Article 17 of the DSM Directive [Katposts here ]. First, it can give the CJEU an opportunity to clarify questions of applicable law in cross-border copyright disputes with non-EU elements.

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Copyright Database Right Copyright Infringement Copyright Law 52

The IPKat

JANUARY 25, 2025

Hence, the need for Guidelines that ensure that both the development and use of AI models and systems comply with ethical and transparency principles, within an anthropocentric and reliable dimension that respects human dignity and the common good (Article 1(1)-(2)). But, before we jump onto copyright, a small yet key notation is warranted.

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The IPKat

DECEMBER 20, 2024

The last source, scraping internet data, has been the most controversial so far and given rise to concerns from both intellectual property and data protection perspectives, and nascent litigation in various jurisdictions when the scraping has been done without permission of the copyright/database right holders.

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