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Access to information and competition concerns enter the sui generis right’s infringement test – The CJEU redefines the database right

Kluwer Copyright Blog

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

The IPKat

The ICO outcomes report therefore acts as a timely reminder that copyright is not the only area of law that needs to be considered in relation to the legality of website scraping for AI development, and that a government reform approach that looks to introduce only a copyright and database rights exception may not achieve its intended benefits of supporting (..)

Law 111
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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

Photo by Matt Popovich on Unsplash Introduction The 2019 Copyright in the Digital Single Market (DSM) Directive is a complex legislative text that raises several questions of legal interpretation. The Publishers argue that this infringes their exclusive rights to reproduction and to making available their work to the public.

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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

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. 17 DSM Directive is the only option that achieves the Directive’s stated objective, the creation of a digital single market.

Art 85
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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. What ideas the Commission has with respect to the Database directive is difficult to gauge from the consultation.

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[Book Review] 25 things you should know about artificial intelligence, art and copyright

The IPKat

For instance, he reviews the UK system of protection for computer-generated works and the EU sui generis database right. Drawing a parallel with the lack of real impact of the database right, Fernández suggests policymakers should avoid creating a special right for AI-generated works.

Art 52
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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.