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However, under German copyright law, photographs that do not meet the originality requirement under Section 2(1) of the UrhG can still be protected as Lichtbilder (photographs) by means of a specific relatedright under Section 72 of the UrhG. Differently again, Italy has adopted a “threefold system” for the protection of photographs.
However, de facto they merely owned proof of ownership without any proprietary value, as all copyright and any relatedrights were retained and not granted upon purchase. For instance, CrypToadz is a prominent CC0 NFT project wherein the artwork related to the NFT is in the publicdomain.
There are also numerous benefits to AI-generated works remaining in the publicdomain, including including enabling low-cost access to those works by others and their use for the generation of new (scientific) knowledge’. A third alternative: the relatedrights approach. More from our authors: Law of Raw Data.
The legal doctrines involved are closely related to copyrights and relatedrights systems. This refers to the identification, documentation, transmission, revitalization and promotion of cultural heritage. Now, this documentation may raise concerns about protection of IP as it may fall into the publicdomain.
Part II will present our conclusions regarding EU rules on relatedrights and outline policy recommendations for EU legislators in this field. As noted below, however, it might still benefit from protection under relatedrights. This two-part blog post contains a summary of our report’s conclusions and recommendations.
This is not the first time the UKIPO has engaged with a public call for views on the topic of AI and IP. That call concerned patents, copyright and relatedrights, designs, trade marks and trade secrets. In a 2020 consultation , the government sought to broadly understand the implications of AI for IP.
KECOBO did mention that a work may be in the publicdomain because copyright has expired and companies should conduct due diligence before engaging in meme creation].
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