article thumbnail

Access to information and competition concerns enter the sui generis right’s infringement test – The CJEU redefines the database right

Kluwer Copyright Blog

In a nutshell, a specialist search engine engaging in re-use of substantial parts of the database of a job adverts website was accused of violating sui generis database right. The CJEU says that Melons does give “users access, on its own website, to job advertisements contained in [CV-Online Latvia’s] database […].”

article thumbnail

[Book Review] 25 things you should know about artificial intelligence, art and copyright

The IPKat

This Kat is happy to review “ 25 things you should know about artificial intelligence, art and copyright ” by Pablo Fernández Carballo-Calero (Aranzadi, 2023, 160 p.). Now in its second edition, the book offers a primer on copyright-related challenges that artificial intelligence (AI) presents.

Art 52
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

A Closer Insight into Copyright related Issues in the Position Statement of the Max Planck Institute for Innovation and Competition on the Commission’s Proposal for a Data Act

Kluwer Copyright Blog

However, the tension between the new rules introduced by the Data Act Proposal and potential intellectual property protection, including copyright protection, will require further coordination efforts. This post focuses on selected copyright and related rights matters that the Institute details in its Position Statement.

article thumbnail

Please share nicely — From Database directive to Data (governance) acts

Kluwer Copyright Blog

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.

article thumbnail

Training AI models on Synthetic Data: No silver bullet for IP infringement risk in the context of training AI systems (Part 1 of 4)

LexBlog IP

This is because training of GenAI models requires processing of large amounts of data that potentially contain copyrighted works, as well as materials displaying trademarks and data compilations which may be protected by sui generis database rights in the EU, or other information the use of which may be restricted by contract or terms of use.

IP 52
article thumbnail

Swedish court applies C-762/19 CV-Online Latvia in parking app battle

The IPKat

According to the CJEU, the key to fairly balancing these interest lies in ensuring that the makers of databases can redeem their investment. Content aggregators should be free to create and market new products and services based on the information in publicly available databases, as long as the database maker can still redeem the investment.

article thumbnail

EU copyright law round up – second trimester of 2023

Kluwer Copyright Blog

Photo by Markus Spiske on Unsplash Welcome to the second trimester of the 2023 round up of EU copyright law! In this series, every three months we update you on what has happened in EU copyright law. According to the AG, it follows from Article 297 TFEU that EU law is, in principle, not capable of benefiting from copyright protection.