Ensuring the Visibility and Accessibility of European Creative Content on the World Market: The Need for Copyright Data Improvement in the Light of New Technologies

Senftleben, Martin; Margoni, Thomas; Antal, Dániel; Bodó, Balázs; Gompel, S. van; Handke, Christian; Kretschmer, Martin; Poort, Joost; Quintais, João Pedro; Schwemer, Sebastian Felix

doi:10.2139/ssrn.3785272

Cited by 6 publications

(2 citation statements)

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“…The success of EU high-tech industries that depend on copyrighted training material for new products and services, thus, depends on the evolution of an appropriate copyright data and licensing infrastructure. 90 If the creative and high-tech industries cannot reach agreement, neither industry branch will benefit from the new rules: no copyrighted training material for the high-tech 89 industry; no new revenue stream for the creative industries. 91 Evidently, it would have been a more promising solution to exempt text and data mining from the control of copyright holders and adopt a statutory obligation to pay equitable remuneration in case of use for commercial purposes (which could have been combined with the establishment of an EU collecting society granting licenses for the entire EU territory); -Article 17 CDSMD leads to new licensing and content filtering obligations in the field of user-generated content.…”

Section: Discussionmentioning

confidence: 99%

EU Copyright 20 Years After the InfoSoc Directive – Flexibility Needed More Than Ever

Senftleben

2021

SSRN Journal

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Section: Discussionmentioning

confidence: 99%

EU Copyright 20 Years After the InfoSoc Directive – Flexibility Needed More Than Ever

Senftleben

2021

SSRN Journal

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“…137 In comparison to the fair-use type, the Japanese "nonenjoyment" doctrine appears to be closer to the European continental view of copyright. 138 DERMAWAN | 55 5.2 | The "nonenjoyment" purposes as an "opening clause" to drive innovation…”

Section: Revisiting the Concept Of "Freier Werkgenuss" Under The Germ...mentioning

confidence: 99%

Text and data mining exceptions in the development of generative AI models: What the EU member states could learn from the Japanese “nonenjoyment” purposes?

Dermawan

2023

World Intellectual Property

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The European Union (EU) text and data mining (TDM) provisions are a progressive move, but the horizon is still uncertain for both generative artificial intelligence (GenAI) models researchers and developers. This article suggests that to drive innovation and further the commitment to the digital single market, during the national implementation, EU Member States could consider taking the Japanese broad, all‐encompassing and “nonenjoyment‐based” TDM as an example. The Japanese “nonenjoyment” purposes, however, are not foreign to the European continental view of copyright. A similar concept can be found under the German concept of “Freier Werkgenuss” or enjoyment of the work. A flexible TDM exception built upon the German notion of nonenjoyment purposes could become an opening clause to foster innovation and creativity in the age of GenAI. Moreover, the article argues that an opening clause allowing TDM with “nonenjoyment” purposes could be permissible under the so‐called three‐step test. This article further suggests, if there is no political will to safeguard “the right to read should be the right to mine” and to provide a welcoming environment for GenAI researchers and developers, when shaping the legal interpretation through national case law, the EU Member States could consider the following: (1) advocate for 72 h of response if technological protection measures (TPMs) are preventing TDM, and (2) Robot Exclusion Standard (robot.txt) as a warning when TDM is not allowed on a website. It is now in the hands of the EU Member States, whether to protect the interests of rightholders or to create a balance between safeguarding “the right to read should be the right to mine,” protecting rightholders exclusivity, and creating a supportive environment for the GenAI models researcher and developers.

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Copyright and privacy protection for digital music with the implementation of distributed ledger technology and deep learning

Ali,

Adile,

Alubady

et al. 2023

2023 Annual International Conference on Emerging Research Areas: International Conference on Intelligent Systems (AICERA/ICIS)

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Ensuring the Visibility and Accessibility of European Creative Content on the World Market: The Need for Copyright Data Improvement in the Light of New Technologies

Cited by 6 publications

References 0 publications

EU Copyright 20 Years After the InfoSoc Directive – Flexibility Needed More Than Ever

EU Copyright 20 Years After the InfoSoc Directive – Flexibility Needed More Than Ever

Text and data mining exceptions in the development of generative AI models: What the EU member states could learn from the Japanese “nonenjoyment” purposes?

Copyright and privacy protection for digital music with the implementation of distributed ledger technology and deep learning

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