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.
Copyright protection for utilitarian objects: same test as for other works
The CJEU has held that utilitarian objects and works of applied art are protected by copyright under the same originality standard as any other category of works. It rejects a stricter threshold for everyday objects and provides detailed guidance on how national courts must assess originality and infringement in this context.
Memorisation of AI training data infringes copyright (GEMA vs. OpenAI)
The Munich Regional Court (LG München I) rules in favor of GEMA: The incorporation of copyrighted training data into AI language models constitutes a copyright infringement – injunction, disclosure, and damages sought against OpenAI for training GPT with song lyrics.
Hamburg Regional Court Decides: Creation of AI Training Datasets Does Not Infringe Copyright
In a groundbreaking judgment, the Hamburg Regional Court has decided that the creation of AI training datasets is permissible as text and data mining under § 60d of the German Copyright Act (UrhG). This decision is of great importance for the open-source community and the development of artificial intelligence (AI).
Contrary opinion of the Higher Regional Court of Düsseldorf and the Regional Court of Cologne regarding the production of photos of photo wallpapers and their publication.
The Higher Regional Court of Düsseldorf denies copyright infringement by taking and publishing photos of photo wallpapers – the Regional Court of Cologne is not sharing this view in its two most recent decisions.
TikTok publishes films without authorisation – no release from liability according to the Act on the Copyright Liability of Online Content Sharing Service Providers (UrhDaG)
Delaying tactics in the negotiations with the copyright owner do not comply with the licence obligation under Section 4 UrhDaG (Act on the Copyright Liability of Online Content Sharing Service Providers).
Birkenstock fails before the Higher Regional Court of Cologne in copyright dispute regarding “Arizona” and “Gizeh” sandals
Birkenstocks do not fulfil the requirements of a work of applied art within the meaning of §§ 2 par. 1 No. 4, par. 2 UrhG (Act on Copyright and Related Rights), because they are not artistically designed beyond their form – which is dictated by their function.
Berlin Court of Appeal (KG) decides on the copyright permissibility of framing and the limit of Section 50 of the German Copyright Law (press privilege)
The framing of photos may be permissible under copyright law in the context of current events if this falls within the scope of Section 50 of the German Copyright Law (reporting on current events).
Protectability of the USM Haller Modular Furniture System – A Work of Applied Art?
Should the Evaluation of Originality in a Work (of Applied Art) be based on the subjective creative process or on the object of creation, i.e., the result of the creation from the perspective of an objective observer?
SimonGraeser Achieves Significant Victory for Authors’ Rights – Successful Damages Claim on Behalf of a Professional Photographer against Süddeutsche Zeitung for Failure to Credit Authorship
The court emphasizes the high standards of care in copyright law and the importance of the right to be credited as an author as an expression of the right to personal integrity in authorship