Germany

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), 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…

Austria, Belgium, Bulgaria, Digital Single Market, European Union, France, Germany, Netherlands, Remuneration (equitable)

(Institute for Information Law (IViR))/ /Leave a comment

The European Federation of Academies of Sciences and Humanities (ALLEA) has for many years supported the move away from proprietary models of scholarly publishing towards Open Access (OA).[1] ALLEA, therefore, welcomes the recognition in the laws of an increasing number of European countries of so-called ‘Secondary Publication Rights’ (SPRs) that allow publicly funded researchers to…

Case Law, Germany

(Goethe University Frankfurt am Main) and (University College Dublin)/ /Leave a comment

On 11 September 2024, the German Federal Court of Justice (BGH) had to decide on the question of whether photos or videos shared online featuring in their background a photo wallpaper protected by copyright are lawful under an implied license, or if an express authorization of such reproductions is required. In three decisions of that…

CDSM Directive, France, Germany, Infringement

, (University of Bremen)/ /Leave a comment

The Digital Services Act (DSA) transparency database, while proving to be rather useless for misinformation or hate speech researchers, is very enlightening on copyright moderation.  Platform governance researchers have long suspected that YouTube is the most heavily moderated platform on copyright issues, and we now have concrete proof of this.  YouTube, to date, according to…

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

(Institute for Information Law (IViR))/ /Leave a comment

Last week, the District Court of Hamburg, Germany, held a hearing in the first European case to examine the legality of using copyrighted works for the purpose of training generative AI models. The case centers on LAION e.V.’s (a German non-profit organization that builds widely used training datasets) download of an image by German photographer…

CJEU, Digital Single Market, European Union, Germany, Infringement

(Sciences Po Law School, France), (University of Szeged, Hungary), (University College Dublin), and (Scuola Superiore Sant'Anna)/ /Leave a comment

The Court of Justice of the European Union (CJEU) is about to write yet another chapter in the never-ending, or so it seems, ‘Metall auf Metall’ saga. The facts of the case are all too familiar by now: in 2004, German band Kraftwerk took hip hop producer Moses Pelham to court for copyright infringement after…

Case Law, CDSM Directive, European Union, Germany

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Part I of this annual post reporting on the copyright case law of the German Bundesgerichtshof covered decisions in the areas of copyright protection and exploitation rights, as well as exceptions and limitations. Part II will focus on copyright contract law and claims under copyright law.   IV.           Copyright contract law (Sections 31 et seqq….

Case Law, CJEU, Exceptions and Limitations, Germany, Subject matter (copyrightable)

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This article continues the tradition of reporting on the copyright case law of the German Bundesgerichtshof, the highest German civil court for copyright matters (Federal Court of Justice – “BGH”). This article summarises the most important BGH copyright decisions in 2022 as well as selected lower-court case law. Readers may find it useful to consult…