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[Guest post] New Ukrainian Law on Copyright and Related Rights

The IPKat

The IPKat has received and is pleased to host the following legislative update on the new Ukrainian Copyright Law from Kateryna Militsyna and Liubov Maidanyk (both Taras Shevchenko National University of Kyiv). In July the Ukrainian parliament approved one of the legislative proposals on copyright and related rights as a basis.

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Infringing AI: Liability for AI-generated outputs under international, EU, and UK copyright law

The IPKat

New academic article Empirical research shows that large generative AI models may memorize training data which may include or consist of copyright-protected works and other protected subject-matter, or parts thereof. When prompted appropriately, these models may produce outputs that closely resemble such works and other subject-matter.

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BREAKING: First CJEU referral on press publishers’ related right (Italian-style)

The IPKat

After the first DSM Directive-related referral from Belgium on the provisions concerning contracts of authors and performers [IPKat here ] , it is now the turn of Article 15 (the related right for press publishers) as implemented into Italian law.

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Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 3 of 4: Related rights and exceptions and limitations

Kluwer Copyright Blog

Related rights. In addition to rights of the author, German copyright law also recognises related rights. With regard to Section 51 UrhG, the BGH ruled that the right of quotation does not require that the person using the quote critically examines the appropriated work to a significant extent.

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First Significant EU Decision Concerning Data Mining and Dataset Creation to Train Artificial Intelligence

JD Supra Law

A court in Hamburg, Germany, has decided a copyright infringement case in a way that sheds light on how European courts may apply the text and data mining (TDM) exemption to AI model developers. The exemption is contained in EU Directive 2019/790 on copyright and related rights in the Digital Single Market Directive.

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Comparative Report on the National Implementations of Articles 15 & 17 CDSMD – 14 New Countries

Kluwer Copyright Blog

The objective was to assess the national implementations of the two articles for compliance with the internal market objective of the CDSMD and with the EU’s law of fundamental rights. The study was commissioned by Copyright 4 Creativity , but written in complete academic independence.

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The EU AI Act has been published

The IPKat

While the AI Act is not IP-specific legislation, it will have a substantial impact on it, notably copyright and trade secrets. It covers a wide range of areas, from health and safety to CE marking and copyright. IP-related impact Recitals 104 to 109 and Article 53 have a direct impact on copyright.