Higher Regional Court of Hamburg: Downloading a photo for an AI training dataset may be permissible under TDM and the research exception

The Higher Regional Court of Hamburg held that downloading an online-accessible photo in order to compare image and description for an AI training dataset may fall within Section 44b German Copyright Act. The court additionally found that Section 60d German Copyright Act could apply because both the dataset creation and its later AI use qualified as scientific research.

Karin Simon
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Susanne Graeser
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