Remove Designs Remove Due Diligence Remove Related Rights
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European Copyright Directive: Which Stage is the European Union At?

IPilogue

On 19 April 2019, the European Parliament and Council adopted the Directive on copyright and related rights in the Digital Single Market. Even though national laws require due diligence obligations of diverse scopes, each nation’s laws and practice will ascertain the meaning of the “best efforts”.

Copyright 105
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What is the Copyright Status of AI Generated Works?

azrights

So, if you’re intending to use an unusual, highly distinctive image generated by AI, you may want to do some due diligence to establish that there is no obvious infringement. Section 178 Copyright Designs and Patents Act 1988 (CDPA) introduced this law in 1980s. If so, that image would infringe copyright in the original.

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Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

Kluwer Copyright Blog

According to the BGH, the specific design of the cards and consoles manufactured by the plaintiff constituted effective technical measures within the meaning of Section 95a (2) and (3) No. This does require a violation of a due diligence obligation, however.

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Second and Third drafts of the General-Purpose AI Code of Practice have been released

Kluwer Copyright Blog

There was a stronger focus on ensuring third-party datasets comply with copyright laws, including due diligence and documentation of assurances from third parties. Providers must undertake copyright due diligence when acquiring datasets from third parties. Stakeholders could provide written feedback by 30 March 2025.

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First draft of the General-Purpose AI Code of Practice has been released

Kluwer Copyright Blog

Before contracting with third parties for the use of data sets for GPAI model development, the Providers must conduct reasonable copyright due diligence. The Providers should publicly share information about compliance with rights reservations. They should also provide details about crawlers and their robots.txt features.