Artificial Intelligence (AI), Case Law, Exceptions and Limitations, Germany, Text and Data Mining (TDM)

(Lillick Professor of Law, Stanford Law School) and , (Morrison & Foerster LLP)/ /Leave a comment

In the first part of this post on the Kneschke vs. LAION decision by the German Hamburg Regional Court (“Court”), we explored the Court’s key findings regarding the operational step in a generative AI model, and the decision on the exceptions for scientific research text and data mining (“TDM”) and temporary reproductions. Now, in this…

Artificial Intelligence (AI), Case Law, Exceptions and Limitations, Germany, Text and Data Mining (TDM)

(Lillick Professor of Law, Stanford Law School) and , (Morrison & Foerster LLP)/ /Leave a comment

On September 27, 2024, the German Hamburg Regional Court (“Court”) issued the first ruling on reproductions of copyrighted content from the Internet made during the creation of an AI training data set – and on whether the copyright exceptions for text and data mining (“TDM”) provide statutory permission for such use (Landgericht Hamburg, 310 O…

CJEU, European Union, Exceptions and Limitations, Germany, Infringement

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In Greek mythology, the saga of Sisyphus personifies relentless and never-ending toil – condemned by the gods to an eternity of pushing a massive boulder up a steep hill, only to watch it roll back down again as he nears the summit. With 24 years of legal proceedings and a dozen court rulings behind them,…

European Union, Exceptions and Limitations, Germany, Infringement

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“No artist starts from scratch in a vacuum”. This finding of the Berlin Regional Court seems obvious. But copyright law faces daunting challenges when copyrighted material not only inspires a creative process, but becomes the very object of it. From Italian opera to Andy Warhol to memes – incorporating and referencing other works has always…