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[Guest post] The UK’s AI and copyright consultation – will data protection law render any commercial TDM exception ineffective?

The IPKat

This can include information such as the name, address or the IP address of a person, their appearance or voice. By way of brief overview of data protection law, under the UK GDPR personal data means any information relating to an identified or identifiable natural person.

Law 111
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Please share nicely — From Database directive to Data (governance) acts

Kluwer Copyright Blog

The consultation document restates the fundamental right to intellectual property as the fundamental principle of ‘protection of the intellectual creations of individuals in the online space’ but is otherwise silent on IP. What ideas the Commission has with respect to the Database directive is difficult to gauge from the consultation.

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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

Yet, beneath the surface of the transformative potential of AI lies a complex legal web of intellectual property (“IP”) risks, particularly concerning the use of “real-world” training data, which may lead to alleged infringement of third-party IP rights if AI training data is not appropriately sourced.

IP 52
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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

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.

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Top 10 Posts on the Kluwer Copyright Blog in 2022

Kluwer Copyright Blog

A vanishing right? The Sui Generis Database Right and the proposed Data Act by Paul Keller. [T]he The Contested Meaning of Web3 & Why it Matters for (IP) Lawyers by Mark Fenwick and Paulius Jurcys. T]he European Commission published its proposal for a Data Act.

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

The IPKat

According to the CJEU, the key to fairly balancing these interest lies in ensuring that the makers of databases can redeem their investment. Content aggregators should be free to create and market new products and services based on the information in publicly available databases, as long as the database maker can still redeem the investment.

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

Kluwer Copyright Blog

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.