lecture 7 Flashcards
EU copyright law
anyone, including commercial AI system developers and trainers, may make copies of works or databases for the purpose of text and data mining (TDM) and retain them as long as necessary for the AI training purposes.
three-step test
TDM exception shall only be applied in certain cases which do not conflict with a normal exploitation of the work or other subject-matter and do not unreasonable prejudice the legitimate interests of the right holder.
three-step test argument
payment of remuneration as a tool to reduce the prejudice suffered to a permissible, reasonable level.
rights reservation approach
machine-readable rights reservation protocols that express different right holder standpoints.
substitution test
no levy payment is required when human artists themselves used AI systems as mere tools to shape their own literary and artistic expression.
Domaine Public Payant (Adolf Dietz, 1990)
modern understanding of copyright law as a part of a more comprehensive concept of culture law.