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The preferred approach of the UK government in the AI and copyright consultation of introducing a commercial TDM exception subject to rightholder opt out is designed to support AI innovation and change the law to permit AI companies wide and lawful access to high-quality data through web scraping without the risk of copyrightinfringement.
The author gave food for thought on the reproduction of works of art on book covers, on possible moral rights in the discussion, and on Walter Benjamin's notion of the "aura" of a work. Reminder: last call to vote for your best IP book of 2021 by participating in the poll here !
have grappled with how broadly or narrowly to interpret the concept of transformativeness when assessing fair use defenses to charges of copyrightinfringement… 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. .
The Indian Contract Act may be invoked by including a separate clause in the contract for database confidentiality. In addition to this, numerous other sections address various facets of upholding databaserights. The copyright of a database is safeguarded by the Copyright Act of 1957.
use of indigenous content, model contracts and/or national laws on limitations and exceptions). Minimize databaserights to favour access to and use of digital works. The Policy paper does not aspire to be carved out in stone but rather represents a work-in-progress that can be updated into a 2.0 Proposal 4.
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.
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