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[Guest post] The UK’s AI and copyright consultation – will data protection law render any commercial TDM exception ineffective?

The IPKat

This is a live issue, with recent allegations that the Chinese AI company DeepSeek may have used outputs from OpenAIs models when training their own in a contractual breach of the OpenAI Terms of Use, rather than any claims being made under copyright law.

Law 109
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Never Too Late: If you missed the IPKat the past 2 weeks!

The IPKat

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 !

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Copyright Protection For Databases In India

IP and Legal Filings

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 database rights. The copyright of a database is safeguarded by the Copyright Act of 1957.

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Digital collections from GLAM institutions: Policy Paper

Kluwer Copyright Blog

use of indigenous content, model contracts and/or national laws on limitations and exceptions). Minimize database rights 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.

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Please share nicely — From Database directive to Data (governance) acts

Kluwer Copyright Blog

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. What ideas the Commission has with respect to the Database directive is difficult to gauge from the consultation.

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Top 10 Posts on the Kluwer Copyright Blog in 2022

Kluwer Copyright Blog

A vanishing right? The Sui Generis Database Right and the proposed Data Act by Paul Keller. [T]he Garrix had entered into a record production contract with the label at a very young age. Having become a successful DJ and finding the terms of the contract unfair, Garrix sought annulment for a variety of legal reasons.

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The UK government moves forward with a text and data mining exception for all purposes

Kluwer Copyright Blog

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. Licensing will no longer be an issue and rightholders will not be able to opt-out or contract out of the exception.