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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 databaseright. The CJEU says that Melons does give “users access, on its own website, to job advertisements contained in [CV-Online Latvia’s] database […].”
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 databaserights exception may not achieve its intended benefits of supporting (..)
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.
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.
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. What ideas the Commission has with respect to the Database directive is difficult to gauge from the consultation.
For instance, he reviews the UK system of protection for computer-generated works and the EU sui generis databaseright. Drawing a parallel with the lack of real impact of the databaseright, Fernández suggests policymakers should avoid creating a special right for AI-generated works.
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.
A vanishing right? The Sui Generis DatabaseRight and the proposed Data Act by Paul Keller. [T]he T]he European Commission published its proposal for a Data Act.
Following the consultation, the UK government has now decided to introduce a new copyright and databaseright exception which allows TDM for any purpose, i.e. including commercial uses. Conversely, users were very much in favour of an exception as it would remove the need for licensing. All-purpose TDM. The narrower EU exceptions.
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 databaseright provided for in Article 7 of Directive 96/9/EC.
An agreement was reached in April 2022 between the European Parliament and EU Member States on the Digital Services Act, which was followed by an endorsement by the Parliament’s Internal Market Committee later in June 2022 and (although strictly not in this second trimester) the final text was approved on 5 July.
On the copyright side, it stresses that some of the sources used to research the sector may be subject to copyright and databaserights and as such it warns against infringement with an important focus on exceptions.
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.
This is because training of GenAI models requires processing of large amounts of data that potentially contain copyrighted works, as well as materials displaying trademarks and data compilations which may be protected by sui generis databaserights in the EU, or other information the use of which may be restricted by contract or terms of use.
This case relates to the sui generis databaseright and its application to the activity of search engines. CJEU judgments and AG Opinions. CV-Online Latvia, Court of Justice, Case C ?762/19. On 3 June 2021, the CJEU delivered its judgment in CV-Online Latvia. You can read a comment on the case here.
Fairness : the use and outcomes of AI systems should not undermine the legal rights of individuals or organisations, discriminate unfairly against individuals or create unfair market outcomes. One thing is for sure – the legal and regulatory framework in the UK with respect to AI is rapidly evolving, so watch this space. [1]
Against this backdrop, larger issues emerge as regards the power wielded by AI companies in the medium to long term especially in a consolidated market, over social, economic and political aspects of our lives. The EU equivalents are contained in Articles 3 and 4 of Directive 2019/790 on Copyright in the Digital Single Market.
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