Text and Data Mining (TDM)

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), 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), 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), 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…

Artificial Intelligence (AI), Authorship, Fair Use, Infringement, Text and Data Mining (TDM), USA

(UC Davis Law School)/ /Leave a comment

The case recently brought against OpenAI by the New York Times is the latest in a series of legal actions involving AI in the United States, and mirrored in other countries –notably, the UK. In order to train their technologies, should AI companies be allowed to use works under copyright protection without consent? The lawsuits…

Artificial Intelligence (AI), Exceptions and Limitations, Legislative process, Text and Data Mining (TDM), United Kingdom

(University College London)/ /Leave a comment

The UK’s attempt to deal with generative AI, training data and copyright law has taken yet another turn. On 6 February 2024, in its response to the AI White Paper consultation, the UK government announced that it will drop its plans for a code of practice on copyright and AI – a work it has…

Artificial Intelligence (AI), France, Remuneration (equitable), Text and Data Mining (TDM)

(REALEX)/ /2 Comments

In a statement made on 12 October 2023, the French collecting society Sacem, which represents most authors/composers and publishers of music in France, announced that it is opting out of machine learning training for the works in its repertoire. Sacem explains that it is basing its opt-out from generative AI systems on Article L122-5-3 of…