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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.
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 !
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.
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. What ideas the Commission has with respect to the Database directive is difficult to gauge from the consultation.
A vanishing right? The Sui Generis DatabaseRight 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.
Following the consultation, the UK government has now decided to introduce a new copyright and databaseright 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.
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.
If model weights qualify as a database, what then? If we assume that the databaserights will apply to model weights, this protection will be limited to EU-based persons and will be granted against extraction and reutilization of a substantial part of the database (for a recent analysis of CJEU case law on the scope of protection, see here ).
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