Copyright, Database Right and Law - 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? 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

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

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

3 of the DSM Directive into its own law. 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. By this provision, Germany had transposed Art.

Art

Art Copyright Database Right Copying

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. Almost all EU member states have implementesd the Directive into their national laws.

Copyright Law

Copyright Law Law Copyright Publishing

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. The CJEU says that Melons does give “users access, on its own website, to job advertisements contained in [CV-Online Latvia’s] database […].”

Database Right

Database Right Law Copyright Law Advertising

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. 17 DSM Directive into the laws of the EU Member States. To date, there is no CJEU case law on the international application of Art.

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

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. However, its drafting is flawed and risks creating even more fragmentation in the laws of Member States. More from our authors: Law of Raw Data.

Intellectual Property Law

Intellectual Property Law Copyright Intellectual Property Editing

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

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

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

Around the IP Blogs

The IPKat

MARCH 6, 2022

The concepts and role of the informed user and the degree of freedom of choice were recently clarified in Turkish design law, and Marques has reported on the case. 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.

Blogging

Blogging Non-Fungible Tokens IP Intellectual Property

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

Kluwer Copyright Blog

AUGUST 18, 2021

Fast forward and see: The Database directive stands unchanged and there is still no clear evidence that the then-new intellectual property right is an effective instrument. The 2018 review of the Database directive and accompanying public consultation perpetuated this stasis. Stage I: to the Open data directive.

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

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.

Government

Government Intellectual Property Licensing Copyright

Book review: Guidebook to Intellectual Property + discount code

The IPKat

MARCH 18, 2023

The preface reiterates that the purpose of the book is to describe the essential nature of living IP law: "What we want is the reader to come away with a good idea of how IP works in practice." The fourth part explains copyright and related rights including performers rights and moral rights as well as confidential information.

Intellectual Property

Intellectual Property Moral Rights Database Right Editing

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

European and international policymakers have raised how artificial intelligence (AI) interacts with intellectual property (IP) law on several occasions. Nonetheless, before any policy and law-making endeavour can be undertaken, a fitness test of the existing IP framework is indispensable. Image by Dorothée QUENNESSON from Pixabay.

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. 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

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

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

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

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

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. Do these people communicate to the public?

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

” Government should announce a clear policy position on the relationship between intellectual property law and generative AI to provide confidence to innovators and investors. 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. In turn, where the Vatican Act regulates a certain aspect, Vatican law shall apply; vice versa, where the Vatican Act is silent, Italian law shall apply instead.

Ownership

Ownership Copyright Music Moral Rights

[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

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

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

EU copyright law round up – second trimester of 2023

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

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

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

EU copyright law round up – second trimester of 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

Around the IP Blogs

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

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

Book review: Guidebook to Intellectual Property + discount code

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

Book Review: Overlapping Intellectual Property Rights (Second Edition)

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

Digital collections from GLAM institutions: Policy Paper

Are AI models’ weights protected databases?

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

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)

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

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