Category: Intellectual Property Rights

AI-Generated Art: No Copyright Protection Granted

A recent court ruling has determined that AI-generated art does not qualify for copyright protection, meaning creators do not own the rights to their works. This ruling highlights that only human authors can hold copyright, leaving AI-generated creations free for anyone to use without attribution or compensation.

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Revised Guidelines for Copyright Compliance in AI Models

The GPAI Code of Practice outlines the requirements for compliance with EU copyright law for providers of General-Purpose AI models. The third draft emphasizes proportional compliance based on the provider’s size and capacities, with significant changes to copyright policy measures compared to the previous draft.

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Understanding IP Challenges in AI Due Diligence

This post discusses the complexities of intellectual property (IP) in the context of AI solutions, emphasizing the need for a tailored due diligence approach. It highlights critical questions regarding ownership, licensing rights, and the assessment of training data to mitigate risks associated with IP infringement.

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LAION Triumphs in Landmark German Copyright Case

LAION successfully defended itself against copyright infringement claims in a German court case brought by photographer Robert Kneschke. The court ruled that LAION’s actions fell under legal exceptions for text and data mining, and thus no copyright infringement occurred.

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Copyright Crisis: EU’s AI Act Leaves Creatives Vulnerable

The EU is being criticized for leaving a significant copyright loophole in its Artificial Intelligence Act, which could leave writers and creatives unprotected against generative AI systems. Lawmakers and cultural organizations are calling for legislation to address this “irresponsible” legal gap that favors big tech over protecting European creative content.

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Private Enforcement of AI Act Copyright Provisions in Germany

This post examines the potential for private enforcement of the AI Act’s public-law product safety provisions under German law, specifically through Sections 823(2) of the German Civil Code and Section 3a of the German Act Against Unfair Competition. It concludes that such enforcement should be possible, highlighting the advantages of claims for injunctive relief under the UWG compared to those under the BGB.

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