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On 19 April 2019, the European Parliament and Council adopted the Directive on copyright and relatedrights in the Digital Single Market. Even though national laws require duediligence obligations of diverse scopes, each nation’s laws and practice will ascertain the meaning of the “best efforts”.
So, if you’re intending to use an unusual, highly distinctive image generated by AI, you may want to do some duediligence 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.
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 duediligence obligation, however.
There was a stronger focus on ensuring third-party datasets comply with copyright laws, including duediligence and documentation of assurances from third parties. Providers must undertake copyright duediligence when acquiring datasets from third parties. Stakeholders could provide written feedback by 30 March 2025.
Before contracting with third parties for the use of data sets for GPAI model development, the Providers must conduct reasonable copyright duediligence. The Providers should publicly share information about compliance with rights reservations. They should also provide details about crawlers and their robots.txt features.
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