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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

The ICO noted submissions from the creative industries highlighting the availability of other methods of data collection, such as properly licensed data sets of personal data. Instead, any opt-out TDM exception would only impose additional transaction costs and complexity for both rightholders and AI developers.

Law 111
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A Big Win for Dalit Researchers: Implications for IP

SpicyIP

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 59
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The UK government moves forward with a text and data mining exception for all purposes

Kluwer Copyright Blog

In this respect, in order to carry out TDM for commercial purposes, which lie beyond the scope of the present UK exception, the consultation sought evidence on the available licensing models. Users reported mixed experiences with licensing. However, no such quantitative evidence was provided by the respondents. All-purpose TDM.

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

Kluwer Copyright Blog

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. So effectively, the 2013 directive already curtailed public sector bodies’ copyright and sui generis rights in data.

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Digital collections from GLAM institutions: Policy Paper

Kluwer Copyright Blog

Facilitate effective collective licensing of rights, including where possible, through extended collective licensing systems. Minimize database rights to favour access to and use of digital works. Promote the interoperability of different licensing models. Proposal 3. Proposal 4. Proposal 5. Proposal 6.

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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

Additionally, all proprietary and open source software licensing rely on copyright protection. The license is not triggered in most open licenses if applied to subject matter not protected by copyright (or related rights). These topics are in need of further research.

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Are AI models’ weights protected databases?

Kluwer Copyright Blog

If model weights qualify as a database, what then? If we assume that the database rights will apply to model weights, this protection will be limited to EU-based persons and will be granted against extraction and reutilization of a substantial part of the database (for a recent analysis of CJEU case law on the scope of protection, see here ).