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The preferred approach of the UK government in the AI and copyright consultation of introducing a commercial TDM exception subject to rightholder opt out is designed to support AI innovation and change the law to permit AI companies wide and lawful access to high-quality data through web scraping without the risk of copyright infringement.
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 databaseright has been slowly eroded since 2003. What ideas the Commission has with respect to the Database directive is difficult to gauge from the consultation.
A vanishing right? The Sui Generis DatabaseRight and the proposed Data Act by Paul Keller. [T]he T]he European Commission published its proposal for a Data Act.
The outcome of the consultation is supposed to inform the government with respect to a potential legislative reform of the UK Copyright Designs and Patents Act 1988 (CDPA). The consultation closed in the beginning of January 2022. Conversely, users were very much in favour of an exception as it would remove the need for licensing.
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 databaseright provided for in Article 7 of Directive 96/9/EC.
An agreement was reached in April 2022 between the European Parliament and EU Member States on the Digital Services Act, which was followed by an endorsement by the Parliament’s Internal Market Committee later in June 2022 and (although strictly not in this second trimester) the final text was approved on 5 July.
On the copyright side, it stresses that some of the sources used to research the sector may be subject to copyright and databaserights and as such it warns against infringement with an important focus on exceptions.
Fairness : the use and outcomes of AI systems should not undermine the legal rights of individuals or organisations, discriminate unfairly against individuals or create unfair market outcomes. ” As such, the ICO noted that they may require additional funding from the Government for these proposals to succeed.
Against this backdrop, larger issues emerge as regards the power wielded by AI companies in the medium to long term especially in a consolidated market, over social, economic and political aspects of our lives. The EU equivalents are contained in Articles 3 and 4 of Directive 2019/790 on Copyright in the Digital Single Market.
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