Database Right and Law - 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

Heres what they write: The UKs AI and copyright consultation will data protection law render any commercial TDM exception ineffective? 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.

Copyright

Copyright Law Licensing Copyright Law

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

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. All Dutch companies are by law required to register with the KvK. Although generic information (e.g.

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 CJEU says that Melons does give “users access, on its own website, to job advertisements contained in [CV-Online Latvia’s] database […].”

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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

A Big Win for Dalit Researchers: Implications for IP

SpicyIP

MARCH 25, 2025

Various Indian case laws exist on the same. Although India does not have a separate legislation on TS, it can beprotected under the broader regime of Contract Law and Common Law remedies. Is there a sui generis protection for computer databases? ( To enjoy copyright, a work must meet the standard of modicum of creativity.

IP

IP Intellectual Property Copyright Database Right

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

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

Article 17 Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (“DSM Directive”) is currently being implemented into national law in the EU Member States. This contribution analyzes the international conflict of laws rules applicable to national legislation in cross-border scenarios within the EU.

Art

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EU copyright law round up – second trimester of 2023

Kluwer Copyright Blog

JUNE 29, 2023

Photo by Markus Spiske on Unsplash Welcome to the second trimester of the 2023 round up of EU copyright law! In this series, every three months we update you on what has happened in EU copyright law. According to the AG, it follows from Article 297 TFEU that EU law is, in principle, not capable of benefiting from copyright protection.

Copyright Law

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

Kluwer Copyright Blog

AUGUST 18, 2021

Fast forward and see: The Database directive stands unchanged and there is still no clear evidence that the then-new intellectual property right is an effective instrument. The 2018 review of the Database directive and accompanying public consultation perpetuated this stasis. Stage I: to the Open data directive.

Government

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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

OCTOBER 6, 2024

3 of the DSM Directive into its own law. 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. By this provision, Germany had transposed Art.

Art

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Book review: Guidebook to Intellectual Property + discount code

The IPKat

MARCH 18, 2023

The preface reiterates that the purpose of the book is to describe the essential nature of living IP law: "What we want is the reader to come away with a good idea of how IP works in practice." The fourth part explains copyright and related rights including performers rights and moral rights as well as confidential information.

Intellectual Property

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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

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EU copyright law round up – second trimester of 2022

Kluwer Copyright Blog

JULY 7, 2022

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. Internet Law: A Concise Guide to Regulation Around the World. Stay tuned!

Copyright Law

Copyright Law Copyright Law Publishing

EU copyright law round up – second trimester of 2021

Kluwer Copyright Blog

AUGUST 16, 2021

Welcome to the second trimester of 2021 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. This case relates to the sui generis database right and its application to the activity of search engines. Photo by Markus Spiske on Unsplash. Stay tuned!

Copyright Law

Copyright Law Copyright Law Art

Computer and Internet Weekly Updates for 2021-12-04

Barry Sookman

DECEMBER 5, 2021

'Out of step with other nations': Canada's Crown copyright laws in need of an overhaul, say library associations [link] 2021-12-01. Getting ready for Quebec’s Bill 64 privacy law impacts on outsourcing [link] 2021-12-02. link] 2021-12-02.

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Around the IP Blogs

The IPKat

MARCH 6, 2022

The concepts and role of the informed user and the degree of freedom of choice were recently clarified in Turkish design law, and Marques has reported on the case. The main trend has been to amend existing national copyright laws in light of the new provisions of the Directive.

Blogging

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

Kluwer Copyright Blog

AUGUST 24, 2022

As previously reported , between October 2021 and January 2022 the UK Intellectual Property Office held a public consultation on the intersection between artificial intelligence (AI) and intellectual property laws (more specifically, copyright and patents). It is especially interesting to contrast the UK proposed approach with current EU law.

Government

Government Intellectual Property Licensing Copyright

Digital collections from GLAM institutions: Policy Paper

Kluwer Copyright Blog

JULY 14, 2023

In a policy paper , copyright and art-law experts led by the author clarified the general copyright law principles applicable to stakeholders dealing with digital cultural heritage worldwide and formulated recommendations, addressed to policy-makers, to facilitate their digital activities. version with further considerations (e.g.,

Database Right

Database Right Licensing Public Domain Artwork

Book Review: Overlapping Intellectual Property Rights (Second Edition)

The IPKat

MAY 29, 2023

The second edition offers revised, or wholly rewritten chapters to the overlaps discussed in the first edition so as to reflect recent developments, as well as to include new chapters (the overlap between privacy and copyright law; privacy and secrecy; trademarks certification marks and collective marks; and IP and traditional knowledge).

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Copyright Protection For Databases In India

IP and Legal Filings

AUGUST 19, 2022

In the Indian scenario, protection: India does not have a separate database protection law as the European Union does. The Information Technology Act’s Section 66E outlines the penalties for violating privacy laws, among other things. The copyright of a database is safeguarded by the Copyright Act of 1957.

Copyright

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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. However, its drafting is flawed and risks creating even more fragmentation in the laws of Member States. More from our authors: Law of Raw Data. Intellectual Property Law in China, 2nd edition. The aim of the Data Act’s sui generis clause (art.

Intellectual Property Law

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Are AI models’ weights protected databases?

Kluwer Copyright Blog

JANUARY 17, 2024

However, it’s unclear whether the models themselves are currently protected by intellectual property laws. For these reasons, authors such as Hao-Yun Chen , Peter Slowinski , and Begoña Gonzalez Otero seem to reject the protection of models under copyright law. Can model weights qualify as a database?

Copyright

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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

European and international policymakers have raised how artificial intelligence (AI) interacts with intellectual property (IP) law on several occasions. Nonetheless, before any policy and law-making endeavour can be undertaken, a fitness test of the existing IP framework is indispensable. More from our authors: Law of Raw Data.

Copyright

Copyright Public Domain Intellectual Property Database Right

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

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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

Legally, however, “the situation is different” [all English translations from the Italian version of the Opinion are mine, not the Court’s] because of the territorial nature of rights and laws. First, it can give the CJEU an opportunity to clarify questions of applicable law in cross-border copyright disputes with non-EU elements.

Copyright

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

LexBlog IP

APRIL 25, 2023

” Government should announce a clear policy position on the relationship between intellectual property law and generative AI to provide confidence to innovators and investors. ” The ICO queried if instead the role of regulators here may be better described as “making people more aware of their rights in the context of AI.”

Technology

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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

In turn, where the Vatican Act regulates a certain aspect, Vatican law shall apply; vice versa, where the Vatican Act is silent, Italian law shall apply instead. The Vatican Act does not however detail restricted acts under copyright and other rights, including related and other rights (e.g., CXCVII, Sept.

Ownership

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

Trending Sources

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

A Big Win for Dalit Researchers: Implications for IP

New possibilities for data : European Union legal developments

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

EU copyright law round up – second trimester of 2023

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

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

Book review: Guidebook to Intellectual Property + discount code

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

EU copyright law round up – second trimester of 2022

EU copyright law round up – second trimester of 2021

Computer and Internet Weekly Updates for 2021-12-04

Around the IP Blogs

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

Top 10 Posts on the Kluwer Copyright Blog in 2022

Digital collections from GLAM institutions: Policy Paper

Book Review: Overlapping Intellectual Property Rights (Second Edition)

Copyright Protection For Databases In India

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

Are AI models’ weights protected databases?

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

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

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

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

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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