Copyright 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

Heres what they write: The UKs AI and copyright consultation will data protection law render any commercial TDM exception ineffective? For example, a vocal recording in a musical performance is likely to be protected under copyright law and constitute personal data. What does this mean for the AI and copyright consultation?

Law

Law Copyright Licensing Copyright Law

A vanishing right? The Sui Generis Database Right and the proposed Data Act

Kluwer Copyright Blog

MARCH 4, 2022

But for anyone who had expected the Data Act to include a revision of the Database Directive — an ambition that the Commission had signalled in both the 2020 Data Strategy and the 2020 Intellectual Property Action Plan — the final proposal will be a major disappointment. A right that shall not be exercised.

Database Right

Database Right Intellectual Property Due Diligence Government

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

Kluwer Copyright Blog

JUNE 29, 2023

Summary In the case of Wright & Ors v BTC Core & Ors [2023] EWHC 222 the High Court was faced with a technical copyright question about whether literary copyright can subsist in the file format used for the Bitcoin System (the “ Bitcoin File Format ”). 3(2) Copyright Designs and Patents Act 1988 (the “ Act ”).

Database Right

Database Right Copyright Editing Technology

UK plans to diverge from EU on AI-related IP exemption

IAM Magazine

JUNE 29, 2022

Moves announced after consultation will affect copyright and database rights, but leave status quo in place for inventorship.

Database Right

Database Right IP Copyright

A Big Win for Dalit Researchers: Implications for IP

SpicyIP

MARCH 25, 2025

The obvious first place to look at would be copyright. Can data collected during a survey or research project be copyrighted? Under the Copyright Act, facts do not enjoy copyright protection. To enjoy copyright, a work must meet the standard of modicum of creativity. Various Indian case laws exist on the same.

IP

IP Intellectual Property Copyright Database Right

The German LAION decision: A problematic understanding of the scope of the TDM copyright exceptions and the transition from TDM to AI training

The IPKat

OCTOBER 6, 2024

The scope of TDM exceptions: extraction and reproduction Like the corresponding EU provisions, the German sections considered by the court are exceptions to specified restricted acts under copyright and other rights: Like Art. In turn, the copying of even a seemingly simple picture may trigger the right of reproduction. (2)

Art

Art Copyright Database Right Copying

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]

Database Right

Database Right Law Advertising Advertising

Opinion of the European Copyright Society on selected aspects of the proposed Data Act

Kluwer Copyright Blog

MAY 16, 2022

The European Copyright Society posted an opinion on selected aspects of the proposed Data Act. 35) to reduce the availability of IP rights over some datasets is welcome. The aim of the Data Act’s sui generis clause (art. However, its drafting is flawed and risks creating even more fragmentation in the laws of Member States.

Intellectual Property Law

Intellectual Property Law Copyright Intellectual Property Editing

Copyright Protection For Databases In India

IP and Legal Filings

AUGUST 19, 2022

In the Indian scenario, protection: India does not have a separate database protection law as the European Union does. Sui generis protection does not exist in India because the government believes that the Copyright Act’s current level of protection is adequate and that a need for further protection has not yet arisen.

Copyright

Copyright Database Right Privacy Technology

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

Kluwer Copyright Blog

JANUARY 16, 2025

Photo by Matt Popovich on Unsplash Introduction The 2019 Copyright in the Digital Single Market (DSM) Directive is a complex legislative text that raises several questions of legal interpretation. The Publishers argue that this infringes their exclusive rights to reproduction and to making available their work to the public.

Publishing

Publishing Copyright Database Right Marketing

[Book Review] 25 things you should know about artificial intelligence, art and copyright

The IPKat

JULY 30, 2023

This Kat is happy to review “ 25 things you should know about artificial intelligence, art and copyright ” by Pablo Fernández Carballo-Calero (Aranzadi, 2023, 160 p.). Now in its second edition, the book offers a primer on copyright-related challenges that artificial intelligence (AI) presents.

Art

Art Copyright Database Right Public Domain

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. According to the AG, it follows from Article 297 TFEU that EU law is, in principle, not capable of benefiting from copyright protection.

Copyright Law

Copyright Law Law Copyright Publishing

Never Too Late: If you missed the IPKat the past 2 weeks!

The IPKat

JANUARY 30, 2022

COPYRIGHT Katfriend Moritz Sutterer posted on a new competition tool that the German Competition Authority recently tried out against Google in relation to press publishers' neighbouring right. Reminder: last call to vote for your best IP book of 2021 by participating in the poll here !

Moral Rights

Moral Rights Database Right Designs Design

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. So effectively, the 2013 directive already curtailed public sector bodies’ copyright and sui generis rights in data.

Government

Government Database Right Intellectual Property Copyright

UK plans to diverge from EU on AI-related IP exemption

IAM Magazine

JUNE 29, 2022

Moves announced after consultation will affect copyright and database rights, but leave status quo in place for inventorship

Database Right

Database Right IP Copyright

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

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. United States Copyright Office, Copyright Protections for Press Publishers.

Copyright Law

Copyright Law Copyright Law Publishing

Book review: Guidebook to Intellectual Property + discount code

The IPKat

MARCH 18, 2023

As someone who has also authored a practical guide ( Copyright in the Music Industry ) that is aimed at a novice audience, this Kat must stress the intended audience of the book and, as such, the lack of references and appendices of legal texts.

Intellectual Property

Intellectual Property Moral Rights Database Right Editing

A Closer Insight into Copyright related Issues in the Position Statement of the Max Planck Institute for Innovation and Competition on the Commission’s Proposal for a Data Act

Kluwer Copyright Blog

JUNE 28, 2022

However, the tension between the new rules introduced by the Data Act Proposal and potential intellectual property protection, including copyright protection, will require further coordination efforts. This post focuses on selected copyright and related rights matters that the Institute details in its Position Statement.

Copyright

Copyright Intellectual Property Database Right Related Rights

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

Kluwer Copyright Blog

AUGUST 24, 2022

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. This is now set to change.

Government

Government Intellectual Property Licensing Copyright

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

Those versed in the intersection between IP rights and technology know that computer programs protection has always caused inevitable frictions IP law. Additionally, all proprietary and open source software licensing rely on copyright protection. Nevertheless, when one considers ML models, the first issue is conceptualising them.

Copyright

Copyright Public Domain Intellectual Property Database Right

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. UK law on database rights post brexit, Genius Sports Technologies Ltd & Ors v Soft Construct (Malta) Ltd & Ors [202… [link] 2021-12-02. link] 2021-12-02.

Database Right

Database Right Privacy Copyright Law Advertising

Digital collections from GLAM institutions: Policy Paper

Kluwer Copyright Blog

JULY 14, 2023

Context Copyright can be challenging for cultural institutions (or “GLAM“ for Galleries, Libraries, Archives and Museums) when pursuing digitization and dissemination activities, as copyright governs whether a given work can be used and if so, how (as shown in recent studies for museums , archives or libraries ). Proposal 1.

Database Right

Database Right Licensing Public Domain Artwork

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

Much has been written about the legal challenges and qualifications of the training process (knowing whether it’s legally permissible to train these models on copyright-protected material) and the outputs of these models (especially if there is copyright in the results generated) see here , here , here and here.

Copyright

Copyright Database Right Music Intellectual Property Law

Swedish court applies C-762/19 CV-Online Latvia in parking app battle

The IPKat

FEBRUARY 4, 2022

The CJEU’s recognition of the added value for customers that content aggregators can create, and the refined and subtle (while perhaps not totally clear) balancing act suggested by the decision, makes CV-Online Latvia an important addition to the CJEU’s database right jurisprudence.

Cease and Desist

Cease and Desist Database Right Litigation Marketing

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

DECEMBER 12, 2023

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

IP Database Right Intellectual Property Copyright

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

Is the operator of a streaming platform liable for copyright infringement if users of its service use a VPN to access content that in principle would not be accessible from a certain territory, given geo-blocking restrictions implemented by the platform operator? Access attempt.

Copyright

Copyright Database Right Copyright Infringement Copyright Law

A “pro-innovation” agenda: the UK Government’s Approach to AI and Digital Technology

LexBlog IP

APRIL 25, 2023

The Intellectual Property Office (“IPO”) “will produce a code of practice by the summer which will provide guidance to support AI firms to access copyrighted work as an input to their models, whilst ensuring there are protections (e.g. labelling) on generated output to support right holders of copyrighted work.

Technology

Technology Government Reporting Intellectual Property

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

Article 17 Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (“DSM Directive”) is currently being implemented into national law in the EU Member States. There is some controversy as to how the right of communication to the public as mentioned in Art. Image of conolan on Pixabay.

Art

Art Law Related Rights Marketing

Around the IP Blogs

The IPKat

MARCH 6, 2022

COPYRIGHT Networked and interoperable devices have proliferated over the past two decades, and the advent of cloud services has created a standard for data sharing. The Kluwer Copyright Blog, therefore, explains potential challenges that may arise. The Kluwer Copyright Blog provides an overview of the structure of this national law.

Blogging

Blogging Non-Fungible Tokens IP Intellectual Property

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

The IPKat

DECEMBER 20, 2024

Earlier this week, the IPKat announced the release of the long-awaited UK consultation on Artificial Intelligence (AI) and copyright. Although this consultation concentrates on copyright specifically, these bigger issues are also at stake. Now, we are pleased to host a further commentary by Angela Daly (University of Dundee).

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

The Guidelines are overall quite intriguing, including having regard to copyright under Article 7. But, before we jump onto copyright, a small yet key notation is warranted. So, lets see what the Vatican AI Guidelines say regarding copyright. the sui generis database right). CXCVII, Sept.

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?

A vanishing right? The Sui Generis Database Right and the proposed Data Act

Trending Sources

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

UK plans to diverge from EU on AI-related IP exemption

A Big Win for Dalit Researchers: Implications for IP

The German LAION decision: A problematic understanding of the scope of the TDM copyright exceptions and the transition from TDM to AI training

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

Top 10 Posts on the Kluwer Copyright Blog in 2022

Opinion of the European Copyright Society on selected aspects of the proposed Data Act

Copyright Protection For Databases In India

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

[Book Review] 25 things you should know about artificial intelligence, art and copyright

EU copyright law round up – second trimester of 2023

Never Too Late: If you missed the IPKat the past 2 weeks!

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

UK plans to diverge from EU on AI-related IP exemption

EU copyright law round up – second trimester of 2021

EU copyright law round up – second trimester of 2022

Book review: Guidebook to Intellectual Property + discount code

A Closer Insight into Copyright related Issues in the Position Statement of the Max Planck Institute for Innovation and Competition on the Commission’s Proposal for a Data Act

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

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

Computer and Internet Weekly Updates for 2021-12-04

Digital collections from GLAM institutions: Policy Paper

Book Review: Overlapping Intellectual Property Rights (Second Edition)

Are AI models’ weights protected databases?

Swedish court applies C-762/19 CV-Online Latvia in parking app battle

Training AI models on Synthetic Data: No silver bullet for IP infringement risk in the context of training AI systems (Part 1 of 4)

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

A “pro-innovation” agenda: the UK Government’s Approach to AI and Digital Technology

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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