Copyright, Database Right and Reporting - Intellectual Property Pulse

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 Due Diligence Intellectual Property Government

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

As reported on The IPKat and elsewhere , the Hamburg court ruled that LAION could rely on the exception found in Section 60d UrhG (TDM for scientific research purposes). In turn, the copying of even a seemingly simple picture may trigger the right of reproduction. (2) 3 and 4 of the DSM Directive (310 O 227/23).

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

as a reporting judge), a case involving Melons’ infringement of CV-Online Latvia’s database of job advertisements arguably protected by the sui generis right. This judgment thus breaks this trend and gives a more measured and mature view of the right. Photo by mcmurryjulie via Pixabay. by Tito Rendas. €

Database Right

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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

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Around the IP Blogs

The IPKat

MARCH 6, 2022

The IPKat has reported on a few of them below. Marks IP has reported on the background to the dispute and the JPO's decision on the invalidity action. 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.

Blogging

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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. European Parliament, Report on AI in the Digital Age.

Copyright Law

Copyright Law Copyright Law Publishing

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

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). Users reported mixed experiences with licensing. All-purpose TDM.

Government

Government Intellectual Property Licensing Copyright

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

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

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. Policy alert.

Copyright Law

Copyright Law Copyright Law Art

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

LexBlog IP

APRIL 25, 2023

The first report of this project was published on 15 March 2023 (the “ Vallance Report ”), and the UK Government released its response (the “ Government’s Response ”) shortly after. labelling) on generated output to support right holders of copyrighted work.

Technology

Technology Government Reporting Intellectual Property

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

Intellectual Property Pulse

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

Top 10 Posts on the Kluwer Copyright Blog in 2022

Trending Sources

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

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

Around the IP Blogs

EU copyright law round up – second trimester of 2022

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

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

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

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

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