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

Kluwer Copyright Blog

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.

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

Kluwer Copyright Blog

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. €

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Top 10 Posts on the Kluwer Copyright Blog in 2022

Kluwer Copyright Blog

As we enter a new year, we would like to take this opportunity to pass on our best wishes for 2023 to all of our readers, as well as reflect on developments in copyright over the past year. YouTube’s first Copyright Transparency Report 2021 – A step towards “factfulness” by Jan Bernd Nordemann. A vanishing right?

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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

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 136
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EU copyright law round up – second trimester of 2022

Kluwer Copyright Blog

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.

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

The IPKat

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 !

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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

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.