Copyright, Database Right and Information - 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? Such rights reservations are often informally described as opt outs. This can include information such as the name, address or the IP address of a person, their appearance or voice.

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

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

Database Right

Database Right Law Copyright Law Advertising

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

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. RSS-feeds contain various information about an article. Increasingly, these questions are making their way to national courts.

Publishing

Publishing Copyright Database Right Marketing

Copyright Protection For Databases In India

IP and Legal Filings

AUGUST 19, 2022

A lot of electronic databases’ creators are willing to accept the risk and obligation of gathering a lot of raw data and then having to use it, despite the fact that the need for databases like phone directories is expanding in the business world as a whole. The copyright of a database is safeguarded by the Copyright Act of 1957.

Copyright

Copyright Database Right Privacy Technology

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

Kluwer Copyright Blog

AUGUST 18, 2021

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. The implementation deadline for the revamped directive has just passed (17 July 2021).

Government

Government Database Right Intellectual Property Copyright

Around the IP Blogs

The IPKat

MARCH 6, 2022

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.

Blogging

Blogging Non-Fungible Tokens IP Intellectual Property

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

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

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

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

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

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

The IPKat

FEBRUARY 4, 2022

According to the CJEU, the key to fairly balancing these interest lies in ensuring that the makers of databases can redeem their investment. Content aggregators should be free to create and market new products and services based on the information in publicly available databases, as long as the database maker can still redeem the investment.

Cease and Desist

Cease and Desist Database Right Litigation Marketing

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

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

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

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

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

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

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

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

Top 10 Posts on the Kluwer Copyright Blog in 2022

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

Copyright Protection For Databases In India

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

Around the IP Blogs

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

Book review: Guidebook to Intellectual Property + discount code

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

EU copyright law round up – second trimester of 2021

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

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

Are AI models’ weights protected databases?

Book Review: Overlapping Intellectual Property Rights (Second Edition)

Digital collections from GLAM institutions: Policy Paper

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

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

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)

Stay Connected