Generative AI and Copyright: The First Court Case in Europe
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 research purposes.
The Hamburg court ruled that LAION had not infringed Kneschke’s copyright because the use of his photo was permitted under the exception for Text and Data Mining (TDM) for scientific research purposes, as regulated by German copyright law. This exception was introduced into the German Act on Copyright and Related Rights (German: Urheberrechtsgesetz, UrhG) in line with Article 3 of the Directive 2019/790 on copyright and related rights in the Digital Single Market (the DSM Directive).
This is the first case of judicial review of the legal basis for TDM introduced by the European Union in the DSM Directive. It presents a legal basis for the collection of big data for AI models and might also serve as a legal basis for AI model training. Aside from the positive outcome for LAION, the case is also a significant milestone for those interested in the transparency of data sets.
The ruling clearly confirms that the exceptions for TDM introduced by the DSM Directive in 2019 also apply to the use of copyright works in connection with generative AI models. The case highlighted the important role that non-profit organizations can play in making data sets publicly available, by recognising LAION as a research organisation. This is crucial for ensuring transparency of the data used in the training and building of AI models.
For further reading on this topic, see the article “Generativna UI in avtorske pravice” by Mark Bauer and Dr. Maja Bogataj Jančič, LL.M., LL.M., published in Pravna praksa, issue No. 42–43/2024.
On December 3, 2024, the “Knowledge Rights 21 Regional Alliance – Network of Librarians and Copyright Experts from Central and Southeastern Europe”, was officially established at a meeting hosted at the Four Points by Sheraton Ljubljana Hotel. The event was organized by Open Data and Intellectual Property Institute ODIPI and chaired by Dr. Maja Bogataj Jančič.
Recordings and presentations from all speakers at the ERA KR21 Conference Slovenia are now available on the subpage “Recordings and PPTs of Presentations by Speakers”.
Open Data and Intellectual Property Institute ODIPI invites you to a discussion organized by the European Commission Representation in Slovenia titled “Democracy in the Grip of Disinformation: What Can the EU Do?”. The event will take place on Friday, December 13, 2024, from 11:00 to 12:30 at the House of the EU in Ljubljana, Slovenia and online.
Open Data and Intellectual Property Institute ODIPI organized the ERA KR21 Conference Slovenia on December 2, 2024, with the support of the Ministry of Higher Education, Science, and Innovation of the Republic of Slovenia and the Knowledge Rights 21 (KR21) program. The Conference focused on addressing the most pressing issues in copyright regulation in the fields of science and Open Science within the European Union (EU), with particular emphasis on barriers and incentives for Open Science in copyright law. The event represented the contribution of the Government of the Republic of Slovenia to implementing European Research Area (ERA) Policy Agenda Action 2, which focuses on creating a supportive EU legislative framework for copyright and data governance.