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.

Karin Simon
Lawyer
Certified IP Lawyer

Susanne Graeser
Lawyer
Certified IP Lawyer

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