On 5th November photographer Robert Kneschke lodged an appeal against the decision of the Regional Court of Hamburg in favour of LAION e.V.. The Court unexpectedly exempted LAION e.V. from copyright for images used for training the LAION-5-B dataset.
The Court relied on the Section 60(d) copyright exception of Germany’s Copyright Act, meant for scientific research. This exception, which stems from the 2019 DSM Copyright Directive, permits text and data mining (TDM) by non-profit entities engaged in research as long as the dataset is accessible to researchers without commercial intent. Despite Kneschke’s argument that LAION’s collaboration with commercial entities disqualified it from this exemption, the court maintained that LAION’s nonprofit status and the public availability of its datasets aligned with legal requirements.
Although the ruling has no binding effect, it may an impact on how copyrighted material is handled in AI datasets across Europe and beyond, to the stark disadvantage of visual creators.
CEPIC supports Robert Kneschke in his copyright lawsuit against LAION and welcomes the appeal. This case is significant as it raises unresolved issues, such as the enforceability of “opt-out” provisions stemming from the Copyright DSM Directive and the rights of content creators in AI dataset usage. Image creators should have control over how their works are used in datasets for AI training. The Kneschke case highlights the need for clearer legal frameworks that protect creators against the unauthorized use of AI, especially when content is pulled from publicly accessible sources online. Furthermore, the question arises as to whether TDM and GenAI are the same thing.
In support of discussing the outcome of the case and in support of Robert Kneschke’s effort for a reliable and creator-friendly AI framework CEPIC is organising a free webinar on 4th December at 17.00 H. This webinar is free to attend to CEPIC members and to members of selected trade organisations in the visual sector.
Register here:
AI and Copyright: The Robert Kneschke vs LAion Case Tickets, Wed 4 Dec 2024 at 17:00 | Eventbrite