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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 copyrightlaw and by data protection law.
In this respect, in order to carry out TDM for commercial purposes, which lie beyond the scope of the present UK exception, the consultation sought evidence on the available licensing models. Users reported mixed experiences with licensing. It is especially interesting to contrast the UK proposed approach with current EU law.
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 databaseright has been slowly eroded since 2003. So effectively, the 2013 directive already curtailed public sector bodies’ copyright and sui generis rights in data.
In a policy paper , copyright and art-law experts led by the author clarified the general copyrightlaw principles applicable to stakeholders dealing with digital cultural heritage worldwide and formulated recommendations, addressed to policy-makers, to facilitate their digital activities. Proposal 3. Proposal 4.
This is pertinent from a copyright perspective because the regime of protection granted by copyright will be different depending on whether the ML model qualifies as a computer program, as a mathematical method, or as another type of work. Additionally, all proprietary and open source software licensing rely on copyright protection.
For these reasons, authors such as Hao-Yun Chen , Peter Slowinski , and Begoña Gonzalez Otero seem to reject the protection of models under copyrightlaw. However, in the EU there is another strong candidate for protecting model weights: the sui generis protection for databases established in Directive 96/9.
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/databaseright holders.
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