Text and Data Mining (TDM)

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

(University of Milan)/ /Leave a comment

The two US class actions against Meta   We have previously analysed US class actions against Open AI (here) and Google (here) for unauthorized use of copyright works in the training of generative AI tools, respectively ChatGPT, Google Bard and Gemini. To further develop this excursus on the US case law, in this post we…

Bulgaria, CDSM Directive, Digital Single Market, Exceptions and Limitations, Legislative process, Press Publishers ’ Right, Text and Data Mining (TDM)

(Sofia University; Digital Republic)/ /Leave a comment

More than two years after the transposition deadline, and with another infringement proceeding under its belt, Bulgaria is one of the last Member States to now implement the CDSM Directive. On the tail end of a political crisis that forced the country into multiple consecutive early general elections and led to a string of short-lived…

CDSM Directive, Digital Single Market, European Union, Exceptions and Limitations, Text and Data Mining (TDM)

(KU Leuven Centre for IT & IP Law)/ /Leave a comment

Arts. 3 and 4 of the Copyright in the Digital Single Market Directive (CDSMD) introduced two exceptions for Text and Data Mining (TDM) in EU copyright Law. These two exceptions, despite having different objectives, share several similarities, as scholar analysis has shown. One of these common aspects is the requirement of lawful access. Only if…

Exceptions and Limitations, Fair Use, Text and Data Mining (TDM)

(SciencesPo)/ /Leave a comment

I Wonder … What if our “belief” in something turns into our “faith” in it? For the last few months, I have been wondering if our belief in “fair dealing” (or broadly, “limitations and exceptions”) has silently slipped into our “faith” in it –  a faith that demands complete surrender to it while blinding us…

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

(Maastricht University)/ /1 Comment

In his classic work, ‘Capitalism, Socialism and Democracy’, Josef Schumpeter referred to the ‘waves of creative destruction’ to describe how monopoly rents incentivise entrepreneurs to take risk and innovate. The monopoly rent that the entrepreneur derives from his innovation is short-lived, as another wave of creative destruction soon replaces this wave, and gives way to…

Artificial Intelligence (AI), Authorship, European Union, Fair Use, Originality, Text and Data Mining (TDM), United Kingdom, USA

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

Copyright protection in machine-generated works is not a new issue for law makers. The traditional concept of human authorship was first challenged with the emergence of photography and this has continued every time a new technology comes about. In the U.S., the case of Burrow-Giles Lithographic Co. v. Sarony, 111 U.S. 53 (1884) extended copyright…

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

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

Machine readable opt-outs from TDM As we head into the last month of the current EU legislative term, there are increasing signs that EU lawmakers are unable to agree on the AI Act, which was supposed to be one of the crowning digital policy achievements of Ursula von der Leyen’s Commission. Recent media reports suggest…

Artificial Intelligence (AI), European Union, Infringement, Legislative process, Text and Data Mining (TDM), USA

, (Luiss Guido Carli University)/ /1 Comment

Introduction Generative AI is disrupting the creative process(es) of intellectual works on an unparalleled scale. More and more AI systems offer services that push users’ production capacity for new literary and artistic works beyond unforeseen barriers. Algorithmic tools are gradually colonizing every creative sector, from being able to generate text (i.e., ChatGPT, Smodin), to perform…

AG Opinion, Authorship, Case Law, CDSM Directive, CJEU, Communication (right of), Digital Single Market, European Union, Legislative process, Liability, Originality, Private copying, Round-up, Text and Data Mining (TDM)

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

Welcome to the third trimester of the 2023 round up of EU copyright law! In this edition, we update you on what has happened between July and September 2023 in EU copyright law. The autumn has started with full speed – the courts and the policy makes have been very active. This round up series…

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

(Brazilian Copyright Institute (IBDAutoral)) and (KU Leuven Centre for IT & IP Law)/ /Leave a comment

Introduction The current international legal framework for text and data mining (TDM) is highly disharmonized, showing a variety of approaches that span from completely unregulated to partially and fully regulated. Furthermore, regulation is not uniform, and it addresses relevant stakeholders (creative and content industries, tech firms, users, research, and the public sector) in various ways….