Database Right - 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

The ICO outcomes report therefore acts as a timely reminder that copyright is not the only area of law that needs to be considered in relation to the legality of website scraping for AI development, and that a government reform approach that looks to introduce only a copyright and database rights exception may not achieve its intended benefits of supporting (..)

Law

Law Copyright Licensing Copyright Law

A Big Win for Dalit Researchers: Implications for IP

SpicyIP

MARCH 25, 2025

Is there a sui generis protection for computer databases? ( see definition of computer database) Unlike Europe, India does not have sui generis database rights. 2(o) of the Copyright Act provides that literary work includestables and compilation including acomputer database. However, sec.

IP

IP Intellectual Property Copyright Database Right

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

The IPKat

JANUARY 30, 2022

The author gave food for thought on the reproduction of works of art on book covers, on possible moral rights in the discussion, and on Walter Benjamin's notion of the "aura" of a work.

Moral Rights

Moral Rights Database Right Design Designs

Book review: Guidebook to Intellectual Property + discount code

The IPKat

MARCH 18, 2023

The fourth part explains copyright and related rights including performers rights and moral rights as well as confidential information. The fifth part is aptly titled ‘Miscellaneous Matters’ and covers an array of related issues including customs seizure, privacy, database rights, exhaustion of rights and competition law.

Intellectual Property

Intellectual Property Moral Rights Database Right Editing

Copyright Protection For Databases In India

IP and Legal Filings

AUGUST 19, 2022

In addition to this, numerous other sections address various facets of upholding database rights. The copyright of a database is safeguarded by the Copyright Act of 1957. The Information Technology Act’s Section 66E outlines the penalties for violating privacy laws, among other things.

Copyright

Copyright Database Right Privacy Technology

Digital collections from GLAM institutions: Policy Paper

Kluwer Copyright Blog

JULY 14, 2023

Minimize database rights to favour access to and use of digital works. National policymakers should review existing sui generis database rights or similar rights, when they exist, in order to avoid limiting access and use of public domain works. Proposal 4.

Database Right

Database Right Licensing Public Domain Artwork

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

Although this decision only concerns the “re-utilization” of databases protected by the sui generis right (related right) of the EU Database Directive 96/9, there are strong arguments that the decision also applies to Art. 3 InfoSoc Directive as a conflict of law rule governing its international application.

Art

Art Law Related Rights Marketing

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

The IPKat

FEBRUARY 4, 2022

The CJEU’s recognition of the added value for customers that content aggregators can create, and the refined and subtle (while perhaps not totally clear) balancing act suggested by the decision, makes CV-Online Latvia an important addition to the CJEU’s database right jurisprudence.

Cease and Desist

Cease and Desist Database Right Litigation Marketing

EU copyright law round up – second trimester of 2023

Kluwer Copyright Blog

JUNE 29, 2023

On the copyright side, it stresses that some of the sources used to research the sector may be subject to copyright and database rights and as such it warns against infringement with an important focus on exceptions.

Copyright Law

Copyright Law Law Copyright Publishing

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

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

Kluwer Copyright Blog

MAY 16, 2022

35) to reduce the availability of IP rights over some datasets is welcome. The European Copyright Society posted an opinion on selected aspects of the proposed Data Act. The aim of the Data Act’s sui generis clause (art. However, its drafting is flawed and risks creating even more fragmentation in the laws of Member States.

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

As for the text and data mining exception, the government has decided to introduce a new copyright and database right exception which allows text and data mining for any purpose. With respect to the UK computer-generated provision under s.9(3) Stay tuned for a detailed comment on the blog on this front in the coming weeks.

Copyright Law

Copyright Law Copyright Law Publishing

EU copyright law round up – second trimester of 2021

Kluwer Copyright Blog

AUGUST 16, 2021

This case relates to the sui generis database right and its application to the activity of search engines. CJEU judgments and AG Opinions. CV-Online Latvia, Court of Justice, Case C ?762/19. On 3 June 2021, the CJEU delivered its judgment in CV-Online Latvia. You can read a comment on the case here.

Copyright Law

Copyright Law Copyright Law Art

Dutch court rejects claims for sui generis database protection of national company register

The IPKat

JANUARY 17, 2022

In a recent case before the Dutch (district) court of Midden-Nederland, the question arose whether database rights can be invoked to prevent third parties reusing and offering data retrieved from the national company register. For those Kats accessing a company register frequently, the decision is certainly worth the read.

Database Right

Database Right Government Law Ownership

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 facts of the case are expertly described by Tatiana Synodinou in her comment on the AG’s Opinion and we refer the readers to them.

Database Right

Database Right Law Copyright Law Advertising

Copyright in the Bitcoin File Format: a question of content over structure

Kluwer Copyright Blog

JUNE 29, 2023

The underlying claim concerned the alleged infringement of database rights and copyright in various aspects of the Bitcoin System. Dr Wright claims to own database rights in various iterations of the Bitcoin Blockchain and literary copyright in the White Paper and in what is referred to in the claim as the “Bitcoin File Format”.

Database Right

Database Right Copyright Editing Technology

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. What ideas the Commission has with respect to the Database directive is difficult to gauge from the consultation.

Government

Government Database Right Intellectual Property Copyright

New possibilities for data : European Union legal developments

JD Supra Law

DECEMBER 23, 2021

database rights), reinforcing the possibility to re-use the data of public administrations, and exploring the possibility for consumers to provide personal data in exchange. This approach is being implemented, among other aspects, by introducing IP exceptions (e.g., By: Hogan Lovells

Database Right

Database Right IP

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

Kluwer Copyright Blog

JANUARY 16, 2025

The Publishers argue that this infringes their exclusive rights to reproduction and to making available their work to the public. At its core, this dispute is about whether HowardsHome’s alert service infringes the Publishers’ press publishers right, copyright and database rights.

Publishing

Publishing Copyright Database Right Marketing

Around the IP Blogs

The IPKat

MARCH 6, 2022

Among other things, the proposal clarifies that the " sui generis database right " introduced by the Database Directive does not apply to databases containing data originating from or generated by the use of a connected device. The Kluwer Copyright Blog, therefore, explains potential challenges that may arise.

Blogging

Blogging Non-Fungible Tokens IP Intellectual Property

[Book Review] 25 things you should know about artificial intelligence, art and copyright

The IPKat

JULY 30, 2023

For instance, he reviews the UK system of protection for computer-generated works and the EU sui generis database right. Drawing a parallel with the lack of real impact of the database right, Fernández suggests policymakers should avoid creating a special right for AI-generated works.

Art

Art Copyright Database Right Public Domain

UK plans to diverge from EU on AI-related IP exemption

IAM Magazine

JUNE 29, 2022

Moves announced after consultation will affect copyright and database rights, but leave status quo in place for inventorship.

Database Right

Database Right IP 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

This post focuses on selected copyright and related rights matters that the Institute details in its Position Statement. The Data Act Proposal explicitly addresses the relationship between the new right to access and share IoT data and the sui generis database right provided for in Article 7 of Directive 96/9/EC.

Copyright

Copyright Intellectual Property Database Right Related Rights

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. As also discussed in greater detail in this research article here (at p.

Art

Art Copyright Database Right Copying

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

Access to APIs, such as in the case of OpenAI’s model GPT-3 , the use of technical protection measures and access to training data limited by database rights are some already existing examples. On the whole, it seems there is no justification for the creation of a sui generis right or ancillary right for the protection of ML models.

Copyright

Copyright Public Domain Intellectual Property Database Right

Computer and Internet Weekly Updates for 2021-12-04

Barry Sookman

DECEMBER 5, 2021

UK law on database rights post brexit, Genius Sports Technologies Ltd & Ors v Soft Construct (Malta) Ltd & Ors [202… [link] 2021-12-02. . 'Out of step with other nations': Canada's Crown copyright laws in need of an overhaul, say library associations [link] 2021-12-01. link] 2021-12-02.

Database Right

Database Right Privacy Copyright Law Advertising

UK plans to diverge from EU on AI-related IP exemption

IAM Magazine

JUNE 29, 2022

Moves announced after consultation will affect copyright and database rights, but leave status quo in place for inventorship

Database Right

Database Right IP Copyright

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

Kluwer Copyright Blog

AUGUST 24, 2022

Following the consultation, the UK government has now decided to introduce a new copyright and database right exception which allows TDM for any purpose, i.e. including commercial uses. Conversely, users were very much in favour of an exception as it would remove the need for licensing. All-purpose TDM.

Government

Government Intellectual Property Licensing Copyright

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

LexBlog IP

APRIL 25, 2023

1] See, [link] [2] A previous proposal to introduce a new copyright and database right exception which allows text and data mining for any purpose (including commercial exploitation) was formally abandoned by the UK Government in early 2023. [3]

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

Are AI models’ weights protected databases?

Kluwer Copyright Blog

JANUARY 17, 2024

If model weights qualify as a database, what then? I submit that the definition of the weights that take place in model training might very well qualify an intensive, methodical, and systematical structuring of the dataset being used for that training.

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

Insofar as trade marks and the database right are concerned, the CJEU has so far adopted a targeting approach. First, it can give the CJEU an opportunity to clarify questions of applicable law in cross-border copyright disputes with non-EU elements.

Copyright

Copyright Database Right Copyright Infringement Copyright Law

Book Review: Overlapping Intellectual Property Rights (Second Edition)

The IPKat

MAY 29, 2023

The authors look at the issue from the perspective of US and EU approaches to database protection. Their analysis is especially relevant in light of the criticism of the EU sui generis database rights and recent plans to revisit the EU Database Directive.

Intellectual Property

Intellectual Property Editing Privacy Moral Rights

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 Vatican Act does not however detail restricted acts under copyright and other rights, including related and other rights (e.g., the sui generis database right). Arguably, this also extends to model development, though the formulation is unclear.

Ownership

Ownership Copyright Music Moral Rights

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

The IPKat

DECEMBER 20, 2024

The last source, scraping internet data, has been the most controversial so far and given rise to concerns from both intellectual property and data protection perspectives, and nascent litigation in various jurisdictions when the scraping has been done without permission of the copyright/database right holders.

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 Big Win for Dalit Researchers: Implications for IP

Trending Sources

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

Book review: Guidebook to Intellectual Property + discount code

Copyright Protection For Databases In India

Digital collections from GLAM institutions: Policy Paper

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

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

EU copyright law round up – second trimester of 2023

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

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

EU copyright law round up – second trimester of 2022

EU copyright law round up – second trimester of 2021

Dutch court rejects claims for sui generis database protection of national company register

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

Copyright in the Bitcoin File Format: a question of content over structure

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

New possibilities for data : European Union legal developments

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

Around the IP Blogs

[Book Review] 25 things you should know about artificial intelligence, art and copyright

UK plans to diverge from EU on AI-related IP exemption

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

The German LAION decision: A problematic understanding of the scope of the TDM copyright exceptions and the transition from TDM to AI training

The Jungle Bird, El Diablo, and the Zombie or Machine Learning Models, Computer Programs and Copyright put to the test

Top 10 Posts on the Kluwer Copyright Blog in 2022

Computer and Internet Weekly Updates for 2021-12-04

UK plans to diverge from EU on AI-related IP exemption

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

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)

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

Book Review: Overlapping Intellectual Property Rights (Second Edition)

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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