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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 111
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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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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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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. The narrower EU exceptions.

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Training AI models on Synthetic Data: No silver bullet for IP infringement risk in the context of training AI systems (Part 1 of 4)

LexBlog IP

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 database rights in the EU, or other information the use of which may be restricted by contract or terms of use.

IP 52