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This is potentially costly both to AI companies, which may end up paying large statutory and compensatory damages in multiple jurisdictions, and to authors and other rights holders whose livelihoods are directly affected by LLMs. Nevertheless, some uses of LLMs and their training may be found to be fairuse.
It is thus clear that TDM does matter - but what should its relationship with copyright and relatedrights be? Recital 8 acknowledges, on the one hand, the value and potential of TDM but, on the other hand, notes the restrictions that copyright and relatedrights pose to the doing of TDM activities without a licence.
Most of the public discussion about the legal status of using copyrighted works to train generative AI systems has focused on an increasing number of lawsuits challenging current practice under the U.S. copyright system and whether the use of copyrighted works to train generative AI systems constitutes fairuse.
21, Copyright and RelatedRights Act 2000 ), New Zealand ( section 5(2)(a), Copyright Act 1994 ), South Africa (section 2(h), Copyright Act 1978 ) and the UK ( Copyright, Designs and Patents Act 1988, section 9(3) ).
Goldsmith: The Supreme Court Revisits Transformative FairUses by Pamela Samuelson. Supreme Court ruled that Campbell’s creation of a rap parody version of a popular Roy Orbison song could be fairuse because it transformed the original song by adding something new, with a different purpose, or a new meaning or message.
At least one medical device manufacturer took issue with the online library and sent iFixit a cease-and-desist letter, citing its exclusive rights under copyright to reproduce and communicate the repair information online. Citing the U.S.
31, 2022): When an individual’s decision to disseminate an Instagram post is the “very thing the article [is] reporting on,” the use of the Instagram post and its copyrighted material in the reporting has been deemed sufficiently transformative to support a fairuse defense.
A 218/24.11.2022) implemented into the Greek legal order Directives (EU) 790/2019 (hereinafter DSMD) and 789/2019 (as well as Directive 2006/115 on the public lending right, but this is another (lengthy) story…). A major part of the amendments concerns Chapter 4 of Law 2121/1993, which regulates exceptions and limitations to copyright.
As noted in the current draft of the EU’s AI Act , “[t]ext and data mining techniques may be used extensively in this [training] context for the retrieval and analysis of such content, which may be protected by copyright and relatedrights.” Public.Resource.Org, Inc. , 4th 1262 (D.C.
17 CDSM Directive 2019/790 on copyright and relatedrights in the Digital Single Market (CDSMD) : According to the Grand Chamber of the CJEU, the provision imposes a de facto obligation on service providers to use automatic content recognition tools in order to prevent copyright infringements by users of the platform.
[The inclusion of “such as” here did not cause much, if any, furore in Nigeria unlike in South Africa where the proposal to have “fairuse” instead of “fair dealing” alongside “such as” in listing permitted activities under the fairuse provision has continued to generate strong opposition].
2 In the former case, the court moved from an apparent position of significant skepticism at oral argument to an affirmation of fairuse for the sale of home video recording devices (VCRs) as a dual-use technology capable of both infringing and substantial non-infringing uses. 48 § 21 (UK). ↩︎ See 17 U.S.C. §
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