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. What ideas the Commission has with respect to the Database directive is difficult to gauge from the consultation.

Government 56

Government Database Right Intellectual Property Copyright 56

The IPKat

JANUARY 30, 2022

The author gave food for thought on the reproduction of works of art on book covers, on possible moral rights in the discussion, and on Walter Benjamin's notion of the "aura" of a work.

Moral Rights 76

Moral Rights Database Right Designs Design 76

Barry Sookman

DECEMBER 5, 2021

UK law on database rights post brexit, Genius Sports Technologies Ltd & Ors v Soft Construct (Malta) Ltd & Ors [202… [link] 2021-12-02. . 'Out of step with other nations': Canada's Crown copyright laws in need of an overhaul, say library associations [link] 2021-12-01. link] 2021-12-02.

Database Right 58

Database Right Privacy Copyright Law Advertising 58

The IPKat

MARCH 18, 2023

The fourth part explains copyright and related rights including performers rights and moral rights as well as confidential information. The fifth part is aptly titled ‘Miscellaneous Matters’ and covers an array of related issues including customs seizure, privacy, database rights, exhaustion of rights and competition law.

Intellectual Property 78

Intellectual Property Moral Rights Database Right Editing 78

Kluwer Copyright Blog

JULY 14, 2023

Minimize database rights to favour access to and use of digital works. National policymakers should review existing sui generis database rights or similar rights, when they exist, in order to avoid limiting access and use of public domain works. Proposal 4.

Database Right 52

Database Right Licensing Public Domain Artwork 52

IP and Legal Filings

AUGUST 19, 2022

In addition to this, numerous other sections address various facets of upholding database rights. The copyright of a database is safeguarded by the Copyright Act of 1957. The Information Technology Act’s Section 66E outlines the penalties for violating privacy laws, among other things.

Copyright 52

Copyright Database Right Privacy Technology 52

Kluwer Copyright Blog

JUNE 28, 2022

This post focuses on selected copyright and related rights matters that the Institute details in its Position Statement. The Data Act Proposal explicitly addresses the relationship between the new right to access and share IoT data and the sui generis database right provided for in Article 7 of Directive 96/9/EC.

Copyright 52

Copyright Intellectual Property Database Right Related Rights 52

The IPKat

JANUARY 17, 2022

In a recent case before the Dutch (district) court of Midden-Nederland, the question arose whether database rights can be invoked to prevent third parties reusing and offering data retrieved from the national company register. For those Kats accessing a company register frequently, the decision is certainly worth the read.

Database Right 141

Database Right Government Law Ownership 141

The IPKat

MARCH 6, 2022

Among other things, the proposal clarifies that the " sui generis database right " introduced by the Database Directive does not apply to databases containing data originating from or generated by the use of a connected device. The Kluwer Copyright Blog, therefore, explains potential challenges that may arise.

Blogging 85

Blogging Non-Fungible Tokens IP Intellectual Property 85

LexBlog IP

DECEMBER 12, 2023

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

IP Database Right Intellectual Property Copyright 52

Kluwer Copyright Blog

JANUARY 17, 2024

If model weights qualify as a database, what then? I submit that the definition of the weights that take place in model training might very well qualify an intensive, methodical, and systematical structuring of the dataset being used for that training.

Copyright 80

Copyright Database Right Music Intellectual Property Law 80

Kluwer Copyright Blog

DECEMBER 12, 2021

Access to APIs, such as in the case of OpenAI’s model GPT-3 , the use of technical protection measures and access to training data limited by database rights are some already existing examples. On the whole, it seems there is no justification for the creation of a sui generis right or ancillary right for the protection of ML models.

Copyright 52

Copyright Public Domain Intellectual Property Database Right 52

The IPKat

FEBRUARY 4, 2022

The CJEU’s recognition of the added value for customers that content aggregators can create, and the refined and subtle (while perhaps not totally clear) balancing act suggested by the decision, makes CV-Online Latvia an important addition to the CJEU’s database right jurisprudence.

Cease and Desist 92

Cease and Desist Database Right Litigation Marketing 92

The IPKat

OCTOBER 20, 2022

Insofar as trade marks and the database right are concerned, the CJEU has so far adopted a targeting approach. First, it can give the CJEU an opportunity to clarify questions of applicable law in cross-border copyright disputes with non-EU elements.

Copyright 52

Copyright Database Right Copyright Infringement Copyright Law 52

Kluwer Copyright Blog

JUNE 29, 2023

On the copyright side, it stresses that some of the sources used to research the sector may be subject to copyright and database rights and as such it warns against infringement with an important focus on exceptions.

Copyright Law 60

Copyright Law Law Copyright Publishing 60

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. Conversely, users were very much in favour of an exception as it would remove the need for licensing. All-purpose TDM.

Government 95

Government Intellectual Property Licensing Copyright 95

Kluwer Copyright Blog

JULY 7, 2022

As for the text and data mining exception, the government has decided to introduce a new copyright and database right exception which allows text and data mining for any purpose. With respect to the UK computer-generated provision under s.9(3) Stay tuned for a detailed comment on the blog on this front in the coming weeks.

Copyright Law 52

Copyright Law Copyright Law Publishing 52

Kluwer Copyright Blog

AUGUST 16, 2021

This case relates to the sui generis database right and its application to the activity of search engines. CJEU judgments and AG Opinions. CV-Online Latvia, Court of Justice, Case C ?762/19. On 3 June 2021, the CJEU delivered its judgment in CV-Online Latvia. You can read a comment on the case here.

Copyright Law 52

Copyright Law Copyright Law Art 52

Kluwer Copyright Blog

JANUARY 9, 2023

A vanishing right? The Sui Generis Database Right and the proposed Data Act by Paul Keller. [T]he T]he European Commission published its proposal for a Data Act.

Copyright 95

Copyright Blogging Fair Use Reporting 95

Kluwer Copyright Blog

MAY 16, 2022

35) to reduce the availability of IP rights over some datasets is welcome. The European Copyright Society posted an opinion on selected aspects of the proposed Data Act. The aim of the Data Act’s sui generis clause (art. However, its drafting is flawed and risks creating even more fragmentation in the laws of Member States.

Intellectual Property Law 84

Intellectual Property Law Copyright Intellectual Property Editing 84

The IPKat

MAY 29, 2023

The authors look at the issue from the perspective of US and EU approaches to database protection. Their analysis is especially relevant in light of the criticism of the EU sui generis database rights and recent plans to revisit the EU Database Directive.

Intellectual Property 89

Intellectual Property Editing Privacy Moral Rights 89

LexBlog IP

APRIL 25, 2023

1] See, [link] [2] A previous proposal to introduce a new copyright and database right exception which allows text and data mining for any purpose (including commercial exploitation) was formally abandoned by the UK Government in early 2023. [3]

Technology 52

Technology Government Reporting Intellectual Property 52

Kluwer Copyright Blog

JUNE 21, 2021

Although this decision only concerns the “re-utilization” of databases protected by the sui generis right (related right) of the EU Database Directive 96/9, there are strong arguments that the decision also applies to Art. 3 InfoSoc Directive as a conflict of law rule governing its international application.

Art 85

Art Law Related Rights Marketing 85