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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 ICO response to the consultation series on generative AI In January 2024, the ICO launched a consultation series on how aspects of data protection law should apply to the development and use of generative AI models, and the ICO released their outcomes report in December 2024.

Law 111
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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. PATENTS GuestKat Rose Hughes reported on a decision by the Court of Appeal of the Federal Circuit (CAFC) in the life science field on a dosage regime claim.

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Top 10 Posts on the Kluwer Copyright Blog in 2022

Kluwer Copyright Blog

have grappled with how broadly or narrowly to interpret the concept of transformativeness when assessing fair use defenses to charges of copyright infringement… In seeking Supreme Court review, the [Andy Warhol] Foundation argued that the Goldsmith decision was inconsistent with the Court’s teachings in Campbell and Google. .

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Around the IP Blogs

The IPKat

The IPKat has reported on a few of them below. Marks IP has reported on the background to the dispute and the JPO's decision on the invalidity action. The concepts and role of the informed user and the degree of freedom of choice were recently clarified in Turkish design law, and Marques has reported on the case.

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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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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