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It's time for a weekly review of posts from the surrounding IP blogs over the past week! Among other things, the proposal clarifies that the " sui generis databaseright " introduced by the Database Directive does not apply to databases containing data originating from or generated by the use of a connected device.
Similarly, this blog post is protected as a literary work under copyright law, but also contains personal data about us as its authors, including for example our names and where we work. For example, a vocal recording in a musical performance is likely to be protected under copyright law and constitute personal data.
A vanishing right? The Sui Generis DatabaseRight and the proposed Data Act by Paul Keller. [T]he T]he European Commission published its proposal for a Data Act.
The Publishers argue that this infringes their exclusive rights to reproduction and to making available their work to the public. At its core, this dispute is about whether HowardsHome’s alert service infringes the Publishers’ press publishers right, copyright and databaserights.
This case relates to the sui generis databaseright and its application to the activity of search engines. We will have a detailed analysis of this case on the blog soon. June was a particularly eventful month for the communication to the public right and platform liability. CJEU judgments and AG Opinions. 682/18 and C ?683/18.
For a blog post detailing the hearing before the court see here. 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.
This is because training of GenAI models requires processing of large amounts of data that potentially contain copyrighted works, as well as materials displaying trademarks and data compilations which may be protected by sui generis databaserights in the EU, or other information the use of which may be restricted by contract or terms of use.
As for the text and data mining exception, the government has decided to introduce a new copyright and databaseright exception which allows text and data mining for any purpose. Stay tuned for a detailed comment on the blog on this front in the coming weeks. With respect to the UK computer-generated provision under s.9(3)
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