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First EU ruling: German court upholds LAION’s image scraping under research TDM exception; commercial mining depends on machine-readable opt-outs; natural-language reservations may suffice

Published on: 04 October 2024

Published by an LexisNexis IP expert
Legal News
Table of contents
  • Allowed for scientific research
  • Commercial use?
Article summary

Considered a pioneering ruling, on 27 September 2024 the Court held that Laion — a non-profit assembling datasets for AI training, also for commercial ends — may invoke the text- and data-mining exception in Germany’s implementation of Directive (EU) 2019/790 (the EU Copyright Directive) when scraping images protected by copyright. The central question between the parties was whether Laion, as defendant, could lawfully download and copy photographer Robert Kneschke’s protected image to build an AI training dataset. Laion releases a dataset for third parties to train their systems on, while it does not train any AI itself. It offers approximately 5.85 billion image-to-text pairs to AI image generators, a resource used for commercial activity. The proceedings were closely watched by developers of generative AI, as this is regarded as the first EU case to address the lawfulness of image scraping and later use without consent...

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