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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.
Is there a sui generis protection for computer databases? ( see definition of computer database) Unlike Europe, India does not have sui generis databaserights. 2(o) of the Copyright Act provides that literary work includestables and compilation including acomputer database. However, sec.
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.
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. So effectively, the 2013 directive already curtailed public sector bodies’ copyright and sui generis rights in data.
Facilitate effective collective licensing of rights, including where possible, through extended collective licensing systems. Minimize databaserights to favour access to and use of digital works. Promote the interoperability of different licensing models. Proposal 3. Proposal 4. Proposal 5. Proposal 6.
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.
If model weights qualify as a database, what then? If we assume that the databaserights 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 ).
to make public sector data accessible to industry and other external groups, including the legislative arrangements relating to open public data and aspects such as licensing-type agreements, so as to maximise public and economic value.” [and] will explore how this could be expanded.
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/databaseright holders.
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