人工智能与数字经济系列 | 全球首例AI训练数据版权侵权案——德国Laion案

[1] Thomson Reuters Enterprise Centre GmbH v. ROSS Intelligence Inc., 1:20-cv-00613, (D. Del.)

[2] Hamburg Regional Court, Germany [2024]: Robert Kneschke v. LAION e.V., Case No. 310 O 227/23

[3] Section 44a Temporary acts of reproduction Those temporary acts of reproduction are permitted which are transient or incidental and constitute an integral and essential part of a technical process and whose sole purpose is to enable a transmission in a network between third parties by an intermediary or a lawful use of a work or other protected subject matter to be made and which have no independent economic significance.

[4] Section 44b Text and data mining (1) ʻText and data miningʼ means the automated analysis of individual or several digital or digitised works for the purpose of gathering information, in particular regarding patterns, trends and correlations. (2) It is permitted to reproduce lawfully accessible works in order to carry out text and data mining. Copies are to be deleted when they are no longer needed to carry out text and data mining. (3) Uses in accordance with subsection (2) sentence 1 are permitted only if they have not been reserved by the rightholder. A reservation of use in the case of works which are available online is effective only if it is made in a machine-readable format.

[5] Section 60d Text and data mining for scientific research purposes (1) It is permitted to make reproductions to carry out text and data mining (section 44b (1) and (2) sentence 1) for scientific research purposes in accordance with the following provisions. (2) Research organisations are authorised to make reproductions. ʻResearch organisationsʼ means universities, research institutes and other establishments conducting scientific research if they 1. pursue non-commercial purposes, 2. reinvest all their profits in scientific research or 3. act in the public interest based on a state-approved mandate. The authorisation under sentence 1 does not extend to research organisations cooperating with a private enterprise which exerts a certain degree of influence on the research organisation and has preferential access to the findings of its scientific research. (3) The following are, further, authorised to make reproductions: 1. libraries and museums, insofar as they are accessible to the public, and archives or institutions in the field of cinematic or audio heritage (cultural heritage institutions), 2. individual researchers, insofar as they pursue non-commercial purposes. (4) Those authorised in accordance with subsections (2) and (3) and pursuing noncommercial purposes may make reproductions made pursuant to subsection (1) available to the following persons: 1. a specifically delimited circle of persons for their joint scientific research and 2. individual third persons for the purpose of monitoring the quality of the scientific research. The making available to the public must be terminated as soon as the joint scientific research or the monitoring of the quality of the scientific research has been concluded. (5) Those authorized under subsections (2) and (3) no. 1 may retain reproductions made pursuant to subsection (1), thereby taking appropriate security measures to prevent unauthorised use, for as long as they are needed for the purposes of the scientific research or the monitoring of the quality of the scientific findings. (6) Rightholders are authorised to take necessary measures to prevent the security and integrity of their networks and databases being put at risk on account of reproductions made in accordance with subsection (1). S

植德人工智能与数字经济行业委员会，从人工智能产业链、法律、商业模式等多角度出发，专注于研究人工智能监管、区块链游戏、NFT、商业模式中的法律问题，为客户提供多维度的人工智能法律服务，包括投融资、IPO、知识产权、合规（数据合规、刑事合规、税务合规、知识产权合规）等法律服务。

植德人工智能与数字经济行业委员会由在不同合规专业领域具有行业、法律多重背景，且深耕多年的合伙人组成，擅长通过完整且动态的合规体系来协助人工智能企业搭建合规制度，完善产品合规性，在事前、事中和事后多个环节进行风险防范或危机处理，结合商业化思维，协助客户做好合规审查和风险防控，为客户的经营活动保驾护航。