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Access to information and competition concerns enter the sui generis right’s infringement test – The CJEU redefines the database right

Kluwer Copyright Blog

In a nutshell, a specialist search engine engaging in re-use of substantial parts of the database of a job adverts website was accused of violating sui generis database right. The CJEU says that Melons does give “users access, on its own website, to job advertisements contained in [CV-Online Latvia’s] database […].”

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The German LAION decision: A problematic understanding of the scope of the TDM copyright exceptions and the transition from TDM to AI training

The IPKat

The scope of TDM exceptions: extraction and reproduction Like the corresponding EU provisions, the German sections considered by the court are exceptions to specified restricted acts under copyright and other rights: Like Art. In turn, the copying of even a seemingly simple picture may trigger the right of reproduction. (2)

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

Kluwer Copyright Blog

While some of these stages, such as the analysis stage, may arguably be covered by the temporary copies exception ( section 28A CDPA ), most of the other stages would typically involve an infringement the right of reproduction absent the permission of rightsholders. All-purpose TDM.

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Digital collections from GLAM institutions: Policy Paper

Kluwer Copyright Blog

Minimize database rights to favour access to and use of digital works. National policymakers should review existing sui generis database rights or similar rights, when they exist, in order to avoid limiting access and use of public domain works. Proposal 4. Proposal 8.

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Copyright Protection For Databases In India

IP and Legal Filings

The company bases its entire business model on the purchase of such a database and earns money from advertising, royalties, or client payments. 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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EU copyright law round up – second trimester of 2023

Kluwer Copyright Blog

On the copyright side, it stresses that some of the sources used to research the sector may be subject to copyright and database rights and as such it warns against infringement with an important focus on exceptions.

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EU copyright law round up – second trimester of 2022

Kluwer Copyright Blog

As for the text and data mining exception, the government has decided to introduce a new copyright and database right exception which allows text and data mining for any purpose. With respect to the UK computer-generated provision under s.9(3) Stay tuned for a detailed comment on the blog on this front in the coming weeks.