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PermaKat Neil Wilkof commented on the reproduction of the work of art " Detail from the Portrait of Eugénie-Pamela Larivière" (which is in the publicdomain) by Louis Larivière in the Louvre, Paris" on a book cover.
Minimize databaserights to favour access to and use of digital works. National policymakers should review existing sui generis databaserights or similar rights, when they exist, in order to avoid limiting access and use of publicdomain works. Proposal 4.
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.
Accordingly, the most valuable part of the model – the functionality of such an arrangement – would not be protected and would remain in the publicdomain. Thus, most cases would remain in the publicdomain under impossible authorship claim articulation. These topics are in need of further research.
The authors look at the issue from the perspective of US and EU approaches to database protection. Their analysis is especially relevant in light of the criticism of the EU sui generis databaserights and recent plans to revisit the EU Database Directive.
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