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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

The preferred approach of the UK government in the AI and copyright consultation of introducing a commercial TDM exception subject to rightholder opt out is designed to support AI innovation and change the law to permit AI companies wide and lawful access to high-quality data through web scraping without the risk of copyright infringement.

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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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.

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Copyright Protection For Databases In India

IP and Legal Filings

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. The Indian Copyright Act does not contain a definition of creativity, and the Indian courts have not taken a definite stance on the issue.

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Art. 17 DSM Directive: International Application in EU cross-border scenarios – Or: Why the EU needs a faithful implementation into national law

Kluwer Copyright Blog

Although this decision only concerns the “re-utilization” of databases protected by the sui generis right (related right) of the EU Database Directive 96/9, there are strong arguments that the decision also applies to Art. Copyright rules are expressly excluded from the country-of-origin principle pursuant to Art.

Art 85
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Copyright in the Bitcoin File Format: a question of content over structure

Kluwer Copyright Blog

Background and the underlying copyright claim The decision of Justice Mellor arose from an application made by the Claimants to serve the claim on a number of the Defendants out of jurisdiction. The underlying claim concerned the alleged infringement of database rights and copyright in various aspects of the Bitcoin System.

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DPG Media et al vs. HowardsHome – A national ruling on DSM’s press publishers’ rights and TDM exceptions

Kluwer Copyright Blog

The Publishers argue that this infringes their exclusive rights to reproduction and to making available their work to the public. At its core, this dispute is about whether HowardsHome’s alert service infringes the Publishers’ press publishers right, copyright and database rights.