Copyrights must be balanced with Constitutional Rights
How does the right to education and science limit copyright law?
In October 2022, a significant development took place in Finland, when the Parliament’s Constitutional Law Committee found that the government’s draft implementation of the Directive on copyright and related rights in the Digital Single Market (DSM Directive) was not in accordance with the Finnish Constitution. The Committee found that it conflicted with human rights – namely the right to education and science under Section 16 of the Finnish Constitution.
You can read more here. This article was prepared for LIBER by Benjamin White.
ODIPI is organizing ERA KR21 Conference: Barriers and Incentives for Open Science in the Copyright Law that will take place on 2 December, 2024 at Hotel Four Points by Sheraton (Mons) in Ljubljana and also online.
The District Court of Hamburg ruled in the case of Kneschke v. LAION e.V. that LAION did not infringe the copyright of photographer Kneschke, as the use of his photograph was covered by the exception for text and data mining (TDM) for scientific purposes.
“Can copyright bring artificial intelligence to its knees? Which other circumstances may cause that the “making” of generative AI can dramatically change in the (near) future. This short paper presents potential challenges that copyright poses to the training of the machines on large amount of data. Different jurisdictions address these issues differently. In the USA the legality of these activities is tested in several court cases. Do gentlemen’s agreements and pragmatic symbiosis known from the “search engines business model” provide sufficient basis and/or incentive for the business model of “making” generative AI business model as well?