Photo by CrowN on Unsplash Once the dust has settled after a difficult lawmaking process, commentators may succumb to the temptation of simply accepting and rubberstamping whatever result has been achieved. After all, much time and effort has been spent on developing the newly adopted rules. The legislator has spoken. It makes perfect sense to … Read more
Introduction The ruling in Kneschke vs. LAION by the German Hamburg Regional Court (Court) represents the first landmark case clarifying the application of the CDSM Directive’s text and data mining (TDM) exceptions to AI training. Kneschke, a photographer, sued LAION for using one of his original and creative works to build AI training datasets without … Read more
Photo by Matt Popovich on Unsplash Introduction The 2019 Copyright in the Digital Single Market (DSM) Directive is a complex legislative text that raises several questions of legal interpretation. Increasingly, these questions are making their way to national courts. A recent example is the Dutch case ruled upon by the Amsterdam District Court (“the court”) … Read more
Image by M. H. from Pixabay 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”) … Read more
Image by M. H. from Pixabay 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 … Read more