Artificial Intelligence (AI)

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…

Artificial Intelligence (AI), Brazil, Legislative process, Text and Data Mining (TDM)

, (Brazilian Copyright Institute (IBDAutoral))/ /1 Comment

Copyright is not averse to new technologies. Its history is intrinsically linked to technological development. At each stage, revisions, adjustments, and adaptations to the existing organizational and legal structure are necessary and ideally preceded by wide-ranging and informed debate. The same holds true for Artificial Intelligence (AI) technologies. And the interaction between copyright and AI…

Artificial Intelligence (AI), Authorship, European Union, Originality, USA

(Universidade Católica Portuguesa)/ /Leave a comment

Code as a literary work Following lengthy discussion in the 1970s and 1980s, by 1991 in the EU and 1994 at the WTO level, the legal status of computer programs was a settled matter: software was to be treated under copyright as a literary work. Source code and object code are protected by copyright. As…

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

, (NORDEMANN)/ /1 Comment

The German Regional Court (Landgericht) of Hamburg handed down its judgment in the LAION case on 27 September 2024 (file no. 310 O 227/23, published in German here).   The key points of the decision are as follows: The reproduction of works for the purpose of creating URL lists that can be used for artificial…

AG Opinion, Artificial Intelligence (AI), Case Law, CJEU, Digital Single Market, Round-up, Text and Data Mining (TDM)

(University College London) and (Institute for Information Law (IViR))/ /Leave a comment

Now that the summer is formally over it is time for the third trimester of the 2024 roundup of EU copyright law. In this edition, we update you on what has happened between July and September 2024 in EU copyright law – all the way from the CJEU, through Advocate General (AG) Opinions, to important…

Artificial Intelligence (AI), Authorship, European Union, Infringement, Originality, USA

(Centre for IT & IP Law, KU Leuven) and (University of Strathclyde)/ /Leave a comment

Generative AI (GenAI) is promising to revolutionise higher education. Whether it concerns legal scholars using ChatGPT to write their essays, computer science majors relying on GitHub Copilot to generate programming code, or art students turning to Midjourney to create visual artistry: the relevant AI tools to assist with educational assignments are readily available online. The…

Artificial Intelligence (AI), European Union, Text and Data Mining (TDM)

(Goethe-Universität Frankfurt am Main)/ /Leave a comment

Large language models are built on scale. The bigger they are, the better they perform. The appetite for letters of these omnivorous readers is insatiable, so their literary diet must grow steadily if AI is to live up to its promise. If Samuel Johnson, in one of his famous Ramblers of 1751, grumbled about the…

Artificial Intelligence (AI), Authorship, Case Law, China, Liability

(Potter Clarkson LLP and King's College London)/ /Leave a comment

The effect of rapid development of generative AI on copyright law continues to challenge the lawmakers and courts. Whilst the UK High Court is yet to reach its decision on liability for copyright infringement in the AI training data in Getty Images v Stability AI, the Chinese case of Ultraman became the first to recognise…

Artificial Intelligence (AI), Copyright, Performers' Rights, United Kingdom

(Equity UK) and , (University of Glasgow, CREATe)/ /Leave a comment

Generative AI continues to make advances. And whilst its capabilities can be overhyped, there is undoubtably a growing perception that AI will soon be capable of effectively and infinitely ‘replacing’ the human performers on whose performances it is trained. Whether AI will ever fully achieve this goal in a cost-effective manner, or if the market…