Is text and data mining synonymous with AI training?.

Journal Article

1 electronic resource (pages 851-852)

In late September 2024, the District Court of Hamburg delivered what appears to be the first judgment in Europe1 on the construction and application of the national transpositions of the text and data mining (TDM) exceptions found in Articles 3 and 4 of the DSM Directive.2 The Hamburg court ruled that LAION could rely on the exception found in section 60d UrhG (TDM for scientific research purposes). By this provision, Germany had transposed Article 3 of the DSM Directive into its own law. A fundamental aspect of the decision that deserves greater attention is that the analysis of the court is incomplete. As such, it may not represent good guidance for either concerned stakeholders or other courts in Europe faced with questions of unlicensed TDM and subsequent training of Artificial Intelligence (AI) models. Specifically (and likely because of how the plaintiff photographer pleaded the case), the court failed to consider that the TDM exception for scientific research would not cover all of LAION’s activities as described in the judgment itself, notably the circumstance—following the completion of TDM activities—that LAION made the resulting dataset publicly available for anyone to use and for any purpose, including commercial AI training.

Intellectual Property Law & Practice ; 19, 12, 2024, 1747-1540.

Oxford, UK : Oxford University Press, 2024.

English

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