Article Contracts Copyright Law Database Right 
Kluwer Copyright Blog
JANUARY 9, 2023
have grappled with how broadly or narrowly to interpret the concept of transformativeness when assessing fair use defenses to charges of copyright infringement… In seeking Supreme Court review, the [Andy Warhol] Foundation argued that the Goldsmith decision was inconsistent with the Court’s teachings in Campbell and Google. .
Kluwer Copyright Blog
AUGUST 24, 2022
Following the consultation, the UK government has now decided to introduce a new copyright and database right exception which allows TDM for any purpose, i.e. including commercial uses. Licensing will no longer be an issue and rightholders will not be able to opt-out or contract out of the exception. Database Dir.:
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IP and Legal Filings
AUGUST 19, 2022
Sui generis protection does not exist in India because the government believes that the Copyright Act’s current level of protection is adequate and that a need for further protection has not yet arisen. The Indian Contract Act may be invoked by including a separate clause in the contract for database confidentiality.
Kluwer Copyright Blog
AUGUST 18, 2021
For public sector bodies — producers and holders of vast quantities of data — as well as for the companies that act as suppliers, the sui generis database right has been slowly eroded since 2003. So effectively, the 2013 directive already curtailed public sector bodies’ copyright and sui generis rights in data.
Kluwer Copyright Blog
JANUARY 17, 2024
For these reasons, authors such as Hao-Yun Chen , Peter Slowinski , and Begoña Gonzalez Otero seem to reject the protection of models under copyright law. However, in the EU there is another strong candidate for protecting model weights: the sui generis protection for databases established in Directive 96/9.
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