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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

Such rights reservations are often informally described as opt outs. By way of brief overview of data protection law, under the UK GDPR personal data means any information relating to an identified or identifiable natural person.

Law 111
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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. price transparency for consumers), there is no infringement unless the risk to the database maker’s initial investment outweighs these considerations.

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EU copyright law round up – second trimester of 2021

Kluwer Copyright Blog

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.

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

Kluwer Copyright Blog

The consultation document restates the fundamental right to intellectual property as the fundamental principle of ‘protection of the intellectual creations of individuals in the online space’ but is otherwise silent on IP. So effectively, the 2013 directive already curtailed public sector bodies’ copyright and sui generis rights in data.

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Around the IP Blogs

The IPKat

DESIGN In Turkey, although the Turkish Intellectual Property Code refers to both the degree of freedom of choice and the informed user, in practice it has not always been clear how these concepts are implemented in design disputes. The Kluwer Copyright Blog, therefore, explains potential challenges that may arise.

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

Kluwer Copyright Blog

As previously reported , between October 2021 and January 2022 the UK Intellectual Property Office held a public consultation on the intersection between artificial intelligence (AI) and intellectual property laws (more specifically, copyright and patents). The consultation closed in the beginning of January 2022. All-purpose TDM.

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Top 10 Posts on the Kluwer Copyright Blog in 2022

Kluwer Copyright Blog

Following the Report this means: Copyright infringement needs to be addressed; unjustified requests have to be taken seriously, but seem to be an exceptional scenario in particular by qualified rightholders; and there is no real alternative to automation on larger platforms. A vanishing right? Part II is available here.