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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.
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.
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.
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. The narrower EU 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.
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