Copyright Law and Database Right - Intellectual Property Pulse

[Guest post] The UK’s AI and copyright consultation – will data protection law render any commercial TDM exception ineffective?

The IPKat

FEBRUARY 17, 2025

Equally, a significant portion of online material is also likely to contain personal data, and there is likely to be a significant overlap in relation to specific pieces of content which are protected by both copyright law and by data protection law.

Copyright

Copyright Law Licensing Copyright Law

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

Kluwer Copyright Blog

JUNE 17, 2021

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. This judgment thus breaks this trend and gives a more measured and mature view of the right. One way or another, it will be interesting. [1]

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EU copyright law round up – second trimester of 2023

Kluwer Copyright Blog

JUNE 29, 2023

Photo by Markus Spiske on Unsplash Welcome to the second trimester of the 2023 round up of EU copyright law! In this series, every three months we update you on what has happened in EU copyright law. You can read the previous round-ups here.

Copyright Law

Copyright Law Law Copyright Publishing

EU copyright law round up – second trimester of 2022

Kluwer Copyright Blog

JULY 7, 2022

Welcome to the second trimester of the 2022 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. This is perhaps one of the most awaited judgemnts in the history of EU copyright law. Photo by Markus Spiske on Unsplash.

Copyright Law

Copyright Law Copyright Law Publishing

EU copyright law round up – second trimester of 2021

Kluwer Copyright Blog

AUGUST 16, 2021

Welcome to the second trimester of 2021 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. This case relates to the sui generis database right and its application to the activity of search engines. Photo by Markus Spiske on Unsplash.

Copyright Law

Copyright Law Copyright Law Art

Computer and Internet Weekly Updates for 2021-12-04

Barry Sookman

DECEMBER 5, 2021

'Out of step with other nations': Canada's Crown copyright laws in need of an overhaul, say library associations [link] 2021-12-01. Getting ready for Quebec’s Bill 64 privacy law impacts on outsourcing [link] 2021-12-02. Computer and Internet Weekly Updates for 2021-11-27 [link] 2021-11-28. 'Out

Database Right

Database Right Privacy Copyright Law Advertising

Please share nicely — From Database directive to Data (governance) acts

Kluwer Copyright Blog

AUGUST 18, 2021

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. by Tito Rendas. €

Government

Government Database Right Intellectual Property Copyright

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

Kluwer Copyright Blog

AUGUST 24, 2022

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. Conversely, users were very much in favour of an exception as it would remove the need for licensing. All-purpose TDM.

Government

Government Intellectual Property Licensing Copyright

Digital collections from GLAM institutions: Policy Paper

Kluwer Copyright Blog

JULY 14, 2023

In a policy paper , copyright and art-law experts led by the author clarified the general copyright law principles applicable to stakeholders dealing with digital cultural heritage worldwide and formulated recommendations, addressed to policy-makers, to facilitate their digital activities. Proposal 4.

Database Right

Database Right Licensing Public Domain Artwork

Copyright Protection For Databases In India

IP and Legal Filings

AUGUST 19, 2022

The Information Technology Act’s Section 66E outlines the penalties for violating privacy laws, among other things. 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.

Copyright

Copyright Database Right Privacy Technology

Book Review: Overlapping Intellectual Property Rights (Second Edition)

The IPKat

MAY 29, 2023

The second edition offers revised, or wholly rewritten chapters to the overlaps discussed in the first edition so as to reflect recent developments, as well as to include new chapters (the overlap between privacy and copyright law; privacy and secrecy; trademarks certification marks and collective marks; and IP and traditional knowledge).

Intellectual Property

Intellectual Property Editing Privacy Moral Rights

Are AI models’ weights protected databases?

Kluwer Copyright Blog

JANUARY 17, 2024

For these reasons, authors such as Hao-Yun Chen , Peter Slowinski , and Begoña Gonzalez Otero seem to reject the protection of models under copyright law. However, in the EU there is another strong candidate for protecting model weights: the sui generis protection for databases established in Directive 96/9.

Copyright

Copyright Database Right Music Intellectual Property Law

The Jungle Bird, El Diablo, and the Zombie or Machine Learning Models, Computer Programs and Copyright put to the test

Kluwer Copyright Blog

DECEMBER 12, 2021

Additionally, all proprietary and open source software licensing rely on copyright protection. The license is not triggered in most open licenses if applied to subject matter not protected by copyright (or related rights). These topics are in need of further research.

Copyright

Copyright Public Domain Intellectual Property Database Right

AG Szpunar advises CJEU to rule that streaming platforms are not liable (unless they have intentionally applied ineffective geo-blocks) if their users use VPNs

The IPKat

OCTOBER 20, 2022

He also considered that the fact that the original TV broadcast is directed at a non-EU country (Serbia) does not mean that the online retransmission thereof does not qualify for the application of EU copyright law (specifically: the copyright law of the concerned Member State, e.g., Austria), if the protected content is accessible from the EU.

Copyright

Copyright Database Right Copyright Infringement Copyright Law

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

JUNE 21, 2021

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. 3 InfoSoc Directive as a conflict of law rule governing its international application.

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Around the IP Blogs

The IPKat

MARCH 6, 2022

Among other things, the proposal clarifies that the " sui generis database right " introduced by the Database Directive does not apply to databases containing data originating from or generated by the use of a connected device. The Kluwer Copyright Blog, therefore, explains potential challenges that may arise.

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[Guest post] AI training data, copyright and the UK consultation

The IPKat

DECEMBER 20, 2024

The last source, scraping internet data, has been the most controversial so far and given rise to concerns from both intellectual property and data protection perspectives, and nascent litigation in various jurisdictions when the scraping has been done without permission of the copyright/database right holders.

Copyright

Copyright Government Copyright Law Art

New Vatican AI Guidelines for the development and use of AI models: from AI training to Vatican’s authorship and ownership of AI-generated outputs (at least within the Vatican City State)

The IPKat

JANUARY 25, 2025

AI development/training The Vatican AI Guidelines inter alia state that the extraction and reproduction of content in the use of AI systems and models must comply with Vatican copyright law. The Vatican Act does not however detail restricted acts under copyright and other rights, including related and other rights (e.g.,

Ownership

Ownership Copyright Music Moral Rights

Intellectual Property Pulse

[Guest post] The UK’s AI and copyright consultation – will data protection law render any commercial TDM exception ineffective?

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

Trending Sources

EU copyright law round up – second trimester of 2023

EU copyright law round up – second trimester of 2022

EU copyright law round up – second trimester of 2021

Computer and Internet Weekly Updates for 2021-12-04

Please share nicely — From Database directive to Data (governance) acts

Top 10 Posts on the Kluwer Copyright Blog in 2022

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

Digital collections from GLAM institutions: Policy Paper

Copyright Protection For Databases In India

Book Review: Overlapping Intellectual Property Rights (Second Edition)

Are AI models’ weights protected databases?

The Jungle Bird, El Diablo, and the Zombie or Machine Learning Models, Computer Programs and Copyright put to the test

AG Szpunar advises CJEU to rule that streaming platforms are not liable (unless they have intentionally applied ineffective geo-blocks) if their users use VPNs

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

Around the IP Blogs

[Guest post] AI training data, copyright and the UK consultation

New Vatican AI Guidelines for the development and use of AI models: from AI training to Vatican’s authorship and ownership of AI-generated outputs (at least within the Vatican City State)

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